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.