OpenLegislation

Section 103 Pre-contractual remediesI1I2C1

United Kingdom

(1)

This section applies if the court is satisfied that a decision made, or action taken, by a contracting authority breached the duty referred to in section 100(1) and—

(a)

the contract in relation to which the breach occurred has not been entered into, or

(b)

where the breach occurred in relation to a modification of a contract, the modification has not yet been made.

(2)

The court may make one or more of the following orders—

(a)

an order setting aside the decision or action;

(b)

an order requiring the contracting authority to take any action;

(c)

an order for the award of damages;

(d)

any other order that the court considers appropriate.

Annotations

Modifications

C1

S. 103 applied (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

S. 103 not in force at Royal Assent, see s. 127(2)

I2

S. 103 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))