Section 105 Post-contractual remedies: set aside conditionsI1I2C1
United Kingdom
A set aside condition is met if the court is satisfied that the claimant was denied a proper opportunity to seek a remedy under section 103 (pre-contractual remedies) because—
a required contract award notice was not published;
the contract was entered into or modified before the end of any applicable standstill period (see sections 51 and 76);
the contract was entered into or modified during a period of automatic suspension under section 101 or in breach of a court order;
in the case of a contract of a kind described in section 51(3) (exceptions to mandatory standstill), the breach became apparent only on publication of a contract award notice;
in the case of a modification under section 74, the breach became apparent only on publication of a contract change notice;
the breach became apparent only after the contract was entered into or modified.
Subsection (1)(d) does not apply if—
the contract award notice provided for a standstill period, and
the contract was not entered into before the end of that standstill period.
Subsection (1)(e) does not apply if—
the contract change notice provided for a standstill period, and
the modification was not made before the end of that standstill period.
References in this section to a notice not being published include references to a notice that, though published, did not provide accurate information in respect of the contract as entered into.
Annotations
Modifications
- C1
S. 105 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. 105 not in force at Royal Assent, see s. 127(2)
- I2
S. 105 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))