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Regulation 6 Enforcement of duties

England, Wales and Northern Ireland

(1)

The obligation of a contracting authority F1... or operator to comply with these Regulations is a duty owed to F2a supplier.

(2)

Subject to paragraph (4), F3Part 9 of the Procurement Act 2023 has effect as if any reference in that Part to—

(a)

the duty owed in accordance with F4section 100 of that Act included reference to the duty owed in accordance with paragraph (1);

(b)

a contracting authority included reference to an operator;

(c)

F5a supplier included any person who is a supplier for the purposes of these Regulations.

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(4)

F9Where Part 9 of the Procurement Act 2023 has effect in relation to a supplier by virtue of paragraph (2)(b)—

(a)

the operator does not owe any duty under that Part to a person who is not a national of or established in F10the United Kingdom or Gibraltar;

(b)

in proceedings against an operator under that Part the Court may not make F11an order setting aside the contract or modification, an order imposing a civil financial penalty or an order shortening the duration of the contract;

(c)

the operator is not required to refrain from entering into any contract by reason of any proceedings having been started under that Part.

Annotations

Textual amendments

F1

Word in reg. 6(1) omitted (24.2.2025) by virtue of The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(a)(i)

F2

Words in reg. 6(1) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(a)(ii)

F3

Words in reg. 6(2) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(b)(i)

F4

Words in reg. 6(2)(a) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(b)(ii)

F5

Words in reg. 6(2)(c) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(b)(iii)

F6

Reg. 6(3) omitted (24.2.2025) by virtue of The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(c)

F7

Reg. 6(3A) omitted (24.2.2025) by virtue of The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(c)

F8

Reg. 6(3)-(4) substituted for reg. 6(3)(4) (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 37 (with reg. 5)

F9

Words in reg. 6(4) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(d)(i)

F10

Words in reg. 6(4)(a) substituted (31.12.2020) by The Cleaner Road Transport Vehicles (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/964), regs. 1, 2(5)

F11

Words in reg. 6(4)(b) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 14(5)(d)(ii)