Rule 54.5 Time limit for filing claim formF1

In this rule—

• “the planning acts” has the same meaning as in section 336 of the Town and Country Planning Act 1990;

• F3“decision governed by the Public Contracts Regulations 2015” means any decision the legality of which is or may be affected by a duty owed to an economic operator by virtue of regulations 89 or 90 of those Regulations (and for this purpose it does not matter that the claimant is not an economic operator); and

• “economic operator” has the same meaning as in F4regulation 2(1) of the Public Contracts Regulations 2015.

The claim form must be filed—

The time F5limits in this rule may not be extended by agreement between the parties.

This rule does not apply when any other enactment specifies a shorter time limit for making the claim for judicial review.

Paragraph (1) does not apply in the cases specified in paragraphs F7(5), (6) F8, (6A) and (7).

Where the application for judicial review relates to a decision made by the Secretary of State or local planning authority under the planning acts, the claim form must be filed not later than six weeks after the grounds to make the claim first arose.

Where the application for judicial review relates to a decision governed by F9the Public Contracts Regulations 2015, the claim form must be filed within the time within which an economic operator would have been required by F10regulation 92(2) of those Regulations (and disregarding the rest of that regulation) to start any proceedings under those Regulations in respect of that decision.

Where the application for judicial review relates to a decision to which the Procurement Act 2023 applies, the claim form must be filed within the time within which a supplier would have been required by section 106(1) and (2) of that Act (and disregarding the rest of that section) to start any proceedings in respect of that decision (and for this purpose it does not matter that the claimant is not a supplier).

Where the application for judicial review is in respect of a failure by a competent authority to comply with the Public Service Obligations in Transport Regulations 2023 in deciding to enter into a public services contract or make a general rule, the claim form must be filed within the applicable time period specified in regulation 24(1) of those Regulations.