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The Utilities Contracts Regulations 2016

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The Utilities Contracts Regulations 2016, Section 102 is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • reg. 21(1)(c)(i)(aa) words substituted by S.I. 2019/560 reg. 9(12)(a)(i) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 21(1)(c)(i)(bb) words substituted by S.I. 2019/560 reg. 9(12)(a)(ii) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))

Standstill periodE+W+N.I.

This section has no associated Explanatory Memorandum

102.—(1) Where regulation 101(1) applies, the utility must not enter into the contract or conclude the framework agreement before the end of the standstill period.

(2) Where the utility sends a regulation 101 notice to all relevant economic operators by facsimile or electronic means, the standstill period ends at midnight at the end of the 10th day after the relevant sending date.

(3) Where the utility sends a regulation 101 notice to all relevant economic operators only by other means, the standstill period ends at whichever of the following occurs first—

(a)midnight at the end of the 15th day after the relevant sending date;

(b)midnight at the end of the 10th day after the date on which the last of the economic operators to receive such a notice receives it.

(4) In paragraphs (2) and (3), “the relevant sending date” means the date on which the regulation 101 notices are sent to the relevant economic operators, and if the notices are sent to different relevant economic operators on different dates, the relevant sending date is the date on which the last of the notices is sent.

(5) Where the utility sends a regulation 101 notice to one or more of the relevant economic operators by facsimile or electronic means and to others by other means, the standstill period ends at whichever of the following two times occurs latest—

(a)midnight at the end of the 10th day after the date on which the last notice is sent by facsimile or electronic means;

(b)the time when whichever of the following occurs first:—

(i)midnight at the end of the 15th day after the date on which the last notice is sent by other means;

(ii)midnight at the end of the 10th day after the date on which the last of the economic operators to receive a notice sent by any such other means receives it.

(6) In this regulation—

(a)regulation 101 notice” means a notice given in accordance with regulation 101; and

(b)relevant economic operators” means economic operators to which regulation 101 requires a notice to be sent.

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