This Statutory Instrument has been printed to correct errors in S.I. 2009/2331 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2011 No. 1275
European Communities
The Financial Transparency (EC Directive) (Amendment) Regulations 2011
Made
16th May 2011
Laid before Parliament
18th May 2011
Coming into force
9th June 2011
The Secretary of State, being a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to measures on the transparency of financial relations between public authorities and public undertakings and on financial transparency within certain undertakings, in exercise of the powers conferred by that section, makes the following Regulations—
1. These Regulations may be cited as the Financial Transparency (EC Directive) (Amendment) Regulations 2011 and shall come into force on 9th June 2011.
2. —(1)The Financial Transparency (EC Directive) Regulations 2009( 3 ) are amended as follows.
(2) In regulation 1, delete the definition of “contract” and insert—
“ “contract” shall be construed as any agreement linking a public authority—
to a public undertaking in respect of compensation; or
to an undertaking which is either—
granted a special or an exclusive right, or
entrusted with any service of general economic interest and receives public service compensation, in any form whatsoever, in relation to that service. ”
(3) Delete regulation 12 and insert—
“ 12. —(1) In the event that a contract does not expressly contain the elements required by Regulation 11, then it is an implied term of that contract that any undertaking that is a party to that contract shall comply with the provisions of—
(a) Regulations 3, 4 and 5, in respect of public undertakings;
(b) Regulations 6, 7 and 8, in respect of an undertaking required to maintain separate accounts; and
(c) Regulation 9 in respect of public undertakings operating in the manufacturing sector.
(2) Any term of a contract is void to the extent that it purports to exclude the application of paragraph (1). ”
Edward Davey
Minister for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
16th May 2011