{
  "url": "https://openlegislation.uk/procurement-act-2023/section-105",
  "json_url": "https://openlegislation.uk/procurement-act-2023/section-105.json",
  "legislation": "ukpga/2023/54",
  "legislation_title": "Procurement Act 2023",
  "legislation_url": "https://openlegislation.uk/procurement-act-2023",
  "path": "section/105",
  "kind": "section",
  "number": "105",
  "heading": "Post-contractual remedies: set aside conditions",
  "text": "(1) 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—\n(a) a required contract award notice was not published;\n(b) the contract was entered into or modified before the end of any applicable standstill period (see sections 51 and 76);\n(c) the contract was entered into or modified during a period of automatic suspension under section 101 or in breach of a court order;\n(d) 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;\n(e) in the case of a modification under section 74, the breach became apparent only on publication of a contract change notice;\n(f) the breach became apparent only after the contract was entered into or modified.\n(2) Subsection (1)(d) does not apply if—\n(a) the contract award notice provided for a standstill period, and\n(b) the contract was not entered into before the end of that standstill period.\n(3) Subsection (1)(e) does not apply if—\n(a) the contract change notice provided for a standstill period, and\n(b) the modification was not made before the end of that standstill period.\n(4) 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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 105 not in force at Royal Assent, see s. 127(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/54/section/105",
    "retrieved_at": "2026-10-29T08:50:42.097136+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}