Paragraph 6 Materialisation of a known riskI1 I2 C1

United Kingdom

In paragraph 5, a “known risk” means a risk that—

(a)

the contracting authority considered—

(i)

could jeopardise the satisfactory performance of the contract, but

(ii)

because of its nature, could not be addressed in the contract as awarded, and

(b)

was identified in the tender or transparency notice for award of the contract, including by reference to—

(i)

it meeting the description in paragraph (a), and

(ii)

the possibility of modification under paragraph 5.

Annotations

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))

I1: Sch. 8 para. 6 not in force at Royal Assent, see s. 127(2)
I2: Sch. 8 para. 6 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))