Paragraph 4 Unforeseeable circumstancesI1I2C1
United Kingdom
A modification is a permitted modification if—
the circumstances giving rise to the modification could not reasonably have been foreseen by the contracting authority before the award of the contract,
the modification would not change the overall nature of the contract, and
the modification would not increase the estimated value of the contract by more than 50 per cent.
Sub-paragraph (1)(c) does not apply if the contract being modified is a utilities contract.
Annotations
Modifications
- C1
Sch. 8 applied in part (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))
Commencement
- I1
Sch. 8 para. 4 not in force at Royal Assent, see s. 127(2)
- I2
Sch. 8 para. 4 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))