PART 9Remedies for breach of statutory duty

I1105Post-contractual remedies: set aside conditions

1

A set aside condition is met if the court is satisfied that the claimant was denied a proper opportunity to seek a remedy under section 103 (pre-contractual remedies) because—

a

a required contract award notice was not published;

b

the contract was entered into or modified before the end of any applicable standstill period (see sections 51 and 76);

c

the contract was entered into or modified during a period of automatic suspension under section 101 or in breach of a court order;

d

in the case of a contract of a kind described in section 51(3) (exceptions to mandatory standstill), the breach became apparent only on publication of a contract award notice;

e

in the case of a modification under section 74, the breach became apparent only on publication of a contract change notice;

f

the breach became apparent only after the contract was entered into or modified.

2

Subsection (1)(d) does not apply if—

a

the contract award notice provided for a standstill period, and

b

the contract was not entered into before the end of that standstill period.

3

Subsection (1)(e) does not apply if—

a

the contract change notice provided for a standstill period, and

b

the modification was not made before the end of that standstill period.

4

References in this section to a notice not being published include references to a notice that, though published, did not provide accurate information in respect of the contract as entered into.