Modifications etc. (not altering text)
C1Pt. 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)
93.—(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.