(1) In these Regulations—
“contracting authority”, “established”, “national of a relevant State” and “relevant State” have the meaning given in regulation 2(1) of the Public Contracts Regulations 2006;
“contract documents” means the invitation to tender for or to negotiate a contract, the descriptive document (if any), the proposed conditions of contract, the specifications or descriptions of the goods, services, work or works required and of the materials or goods to be used in or for such work or works, and all documents supplementary thereto;
“contract notice” means a notice which is a contract notice within the meaning of the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006 (as applicable);
“declaration of ineffectiveness” has the meaning given in regulation 47(1) of the Public Contracts Regulations 2006;
“the Directive” means Directive 2009/33/EC of the European Parliament and of the Council of 23rd April 2009 on the promotion of clean and energy-efficient road transport vehicles;
“economic operator” means—
(a) a person who is an economic operator within the meaning of the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006;
(b) a person who—
(i) offers on the market road transport vehicles for purchase or leasing;
(ii) sought, seeks, or would have wished, to be the person with whom an operator enters into a contract for the purchase or leasing of road transport vehicles; and
(iii) is a national of and established in a relevant State;
“Official Journal” means the Official Journal of the European Union;
“operator” means a person required to perform public service obligations under a public service contract;
“procurement procedure” means—
(a) the competitive dialogue procedure, the negotiated procedure, the open procedure or the restricted procedure referred to in the Public Contracts Regulations 2006;
(b) the negotiated procedure, the open procedure or the restricted procedure referred to in the Utilities Contracts Regulations 2006;
(c) any procedure by means of which an operator advertises for, and considers, offers in relation to a proposed contract;
“public service contract” and “public service obligation” have the same meaning as in Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23rd October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and 1107/70;
“road transport vehicle” has the meaning given in article 4(3) of the Directive;
“type approval requirement” has the meaning given in section 54(1) of the Road Traffic Act 1988;
“utility” has the meaning given in regulation 2(1) of the Utilities Contracts Regulations 2006.
(2) In these Regulations (including provisions of the Directive incorporated by reference), references to the Annex to the Directive are to be construed as references to that Annex as amended from time to time.
Specified date: 31 July 2011: see reg 1(1).
These Regulations do not extend to Scotland : see reg 1(2).