Section 37 Actionable dutiesI1

(1)

This section applies to a regulated procurement (other than F1a higher value regulated procurement).

(2)

A relevant person may bring proceedings against a contracting authority if—

(a)

the person sought, seeks, or would have wished, to be the person to whom the regulated contract is awarded,

(b)

the contracting authority is not complying or has not complied with its duties imposed under or by virtue of section 8, 23, 27, 28, 29, 30, 31, 32 or, as the case may be, section 33, and

(c)

in consequence of that failure the relevant person suffers, or risks suffering, loss or damage.

F2(3)

A relevant person is an economic operator who is a national of, or is established in, the United Kingdom or Gibraltar.

Annotations

Textual amendments

F1: Words in s. 37(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)
F2: S. 37(3) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(5) (with sch. paras. 1-5)

Commencement

I1: S. 37 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)