UK Law and Practice Contributed by: James Backhouse, Jonathon Backhouse, Andrew Woolfall and Mark Davies, Backhouse Jones
4.2 Separation of Infrastructure and Operations No content provided in this jurisdiction. 4.3 Access Rights and Charges No content provided in this jurisdiction. 4.4 Toll Roads and Concessions
5.5 Challenges and Remedies Operators can challenge unsuccessful procurement outcomes, but generally only under judicial review. This is often expensive and time-intensive. 6. Financing and Investment Structures 6.1 Infrastructure Financing There are a number of specific funding schemes avail - able to support decarbonisation projects within the transport sector. One example is the ZEBRA (Zero Emission Bus Regional Areas) programme, which provides financial support for the acquisition of zero- emission buses and the associated infrastructure required to operate them, such as charging facilities. In general, however, private enterprise funds its own infrastructure. 6.2 Rolling Stock and Fleet Financing Commercial vehicle fleets are typically financed through independent finance or manufacturer finance. 6.3 Leasing Structures Operators from both the heavy goods and bus sectors use a range of finance options to run their vehicles, ranging from cash purchases to lease arrangements to hire purchase. 6.4 Green and Sustainable Financing There are green funding schemes financed by govern - ment such as the ZEBRA programme, as mentioned in 6.1 Infrastructure Financing . Funding schemes, however, are far less common in the haulage sector. 6.5 Government Support and Risk Allocation We are not aware of any guarantees or availability- based payment models.
There are few toll road concessions in the UK. The pricing is per road and per organisation. Thankfully, there are very few such schemes – they are generally for tunnels or bridges, as well as the M6 Toll Birming - ham by-pass. 4.5 Expansion and Upgrades No content provided in this jurisdiction. 5. Public Procurement and Concession Regimes 5.1 Procurement Framework The European procurement rules apply to public transport and infrastructure contracts in the UK, and public procurement has to follow specific protocols under those rules. 5.2 Tender Procedures Competitive tenders are mandatory except in de minimis matters or emergencies. The procedures vary hugely depending on what is being tendered or fran - chised, with each local authority developing its own system. 5.3 Evaluation and Award Criteria Criteria typically applied in awarding concessions or operating contracts relate to: • price; • quality of service; • decarbonisation measures and ESG; and • the compliance status of an operator, for instance, poor compliance history. 5.4 Contract Duration and Termination No content provided in this jurisdiction.
7. Competition and Antitrust 7.1 Merger Control
As with all sectors, the Competition and Markets Authority observes significant consolidation events and investigates accordingly.
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