The Public Procurement (Miscellaneous Amendments) Regulations 2011

Time limits and service of proceedings

19.—(1) In regulation 45(2), omit “, except in regulation 45D(2),”(1).

(2) In regulation 45D(2)—

(a) for paragraph (2) substitute—

“(2) Subject to paragraphs (3) to (5), such proceedings must be started within 30 days beginning with the date when the economic operator first knew or ought to have known that grounds for starting the proceedings had arisen.”; and

(b) for paragraphs (4) and (5) substitute—

“(4) Subject to paragraph (5), the Court may extend the time limit imposed by paragraph (2) (but not any of the limits imposed by regulation 45E) where the Court considers that there is a good reason for doing so.

(5) The Court must not exercise its power under paragraph (4) so as to permit proceedings to be started more than 3 months after the date when the economic operator first knew or ought to have known that grounds for starting the proceedings had arisen.

(6) For the purposes of this regulation, proceedings are to be regarded as started when the claim form is issued.”.

(3) In regulation 45E, for paragraph (8) substitute—

“(8) For the purposes of this regulation, proceedings are to be regarded as started when the claim form is issued.”.

(4) In regulation 45F, for paragraph (1) substitute—

“(1) Where proceedings are started, the economic operator must serve the claim form on the utility within 7 days after the date of issue.”.

(1)

These words were substituted by S.I. 2009/3100.

(2)

Regulations 45D, 45E and 45F were inserted by S.I. 2009/3100.