Section 8

In this Act, “concession contract” means a contract for the supply, for pecuniary interest, of works or services to a contracting authority where— at least part of the consideration for that supply is a right for the supplier to exploit the works or services, and under the contract the supplier is exposed to a real operating risk. An “operating risk” is a risk that the supplier will not be able to recover its costs in connection with the supply and operation of the works or services, where the factors giving rise to that risk— are reasonably foreseeable at the time of award, and arise from matters outside the control of the contracting authority and the supplier.

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Source: legislation.gov.uk · retrieved 2026-09-04