Section 105

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 required contract award notice was not published; the contract was entered into or modified before the end of any applicable standstill period (see sections 51 and 76); the contract was entered into or modified during a period of automatic suspension under section 101 or in breach of a court order; 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; in the case of a modification under section 74, the breach became apparent only on publication of a contract change notice; the breach became apparent only after the contract was entered into or modified. Subsection (1)(d) does not apply if— the contract award notice provided for a standstill period, and the contract was not entered into before the end of that standstill period. Subsection (1)(e) does not apply if— the contract change notice provided for a standstill period, and the modification was not made before the end of that standstill period. 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.

← 8 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-09-04