PART 3REMEDIES
C1CHAPTER 6APPLICATIONS TO THE COURT
General interest grounds for not making a declaration of ineffectiveness93
1
The court may decline to make an ineffectiveness order where the court is satisfied that overriding reasons relating to a general interest require that the enforceability of the rights and obligations arising from the contract or framework agreement should be maintained.
2
For the purposes of paragraph (1)—
a
economic interests directly linked to the contract or framework agreement do not constitute overriding reasons relating to a general interest; and
b
economic interests in the effectiveness of the contract or framework agreement may only be considered as overriding reasons relating to a general interest in exceptional circumstances where ineffectiveness would lead to disproportionate consequences.
3
For the purposes of paragraph (2)(a), economic interests directly linked to the contract or framework agreement include the costs—
a
resulting from the delay in the performance of the contract or framework agreement;
b
resulting from the commencement of a new procurement procedure;
c
resulting from the change of the economic operator performing the contract or framework agreement; and
d
of legal obligations resulting from an ineffectiveness order.
Pt. 3 Ch. 6 modified by SSI 2010/390 reg. 6 (as amended) (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), reg. 1(2), sch. 6 para. 5(3) (with regs. 3-18, 99-101)