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)
94.—(1) Where the court declines to make an ineffectiveness order under regulation 93, the Court must, without prejudice to the other powers of the court, order—
(a)the payment by the contracting authority of a financial penalty; or
(b)the shortening of the duration of the contract or framework agreement.
(2) In determining what order to make under paragraph (1)(a), regulation 90(4) (powers and duties of the court) applies.
(3) Regulation 90(5) and (6) (powers and duties of the court) applies to an order made under paragraph (1)(b) as it applies to an order made under regulation 90(3)(b) (powers and duties of the court).