Procurement Act 2023
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Change 1
102 Interim remedies
(1) In proceedings under this Part, the court may make one or more of the following orders— (a) an order lifting or modifying the restriction in section 101(1); (b) an order extending the restriction or imposing a similar restriction; (c) an order suspending the effect of any decision made or action taken by the contracting authority in carrying out the procurement; (d) an order suspending the procurement or any part of it; (e) an order suspending the entry into or performance of a contract; (f) an order suspending the making of a modification of a contract or performance of a contract as modified. (2) In considering whether to make an order under subsection (1), the court must have regard to— (a) the public interest in, among other things— (i) upholding the principle that public contracts should be awarded, and contracts should be modified, in accordance with the law; (ii) avoiding delay in the supply of the goods, services or works provided for in the contract or modification (for example, in respect of defence or security interests or the continuing provision of public services); (b) the interests of suppliers, including whether damages are an adequate remedy for the claimant; (c) any other matters that the court considers appropriate. (3) An order under subsection (1) may not permit a contract to be entered into or modified before the end of any applicable standstill period (see sections 51 and 76). (4) An order under subsection (1) may provide for undertakings or conditions.
102 Interim remedies
(1) In proceedings under this Part, the court may make one or more of the following orders— (a) an order lifting or modifying the restriction in section 101(1); (b) an order extending the restriction or imposing a similar restriction; (c) an order suspending the effect of any decision made or action taken by the contracting authority in carrying out the procurement; (d) an order suspending the procurement or any part of it; (e) an order suspending the entry into or performance of a contract; (f) an order suspending the making of a modification of a contract or performance of a contract as modified. (2) In considering whether to make an order under subsection (1), the court must have regard to— (a) the public interest in, among other things— (i) upholding the principle that public contracts should be awarded, and contracts should be modified, in accordance with the law; (ii) avoiding delay in the supply of the goods, services or works provided for in the contract or modification (for example, in respect of defence or security interests or the continuing provision of public services); (b) the interests of suppliers, including whether damages are an adequate remedy for the claimant; (c) any other matters that the court considers appropriate. (3) An order under subsection (1) may not permit a contract to be entered into or modified before the end of any applicable standstill period (see sections 51 and 76). (4) An order under subsection (1) may provide for undertakings or conditions.
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