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Procurement Act 2023

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Change 1

What to do with it
As published

106 Time limits on claims

(1) A supplier must commence any specified set-aside proceedings before the earlier of— (a) the end of the period of 30 days beginning with the day on which the supplier first knew, or ought to have known, about the circumstances giving rise to the claim; (b) the end of the period of six months beginning with the day the contract was entered into or modified. (2) A supplier must commence any other proceedings under this Part before the end of the period of 30 days beginning with the day on which the supplier first knew, or ought to have known, about the circumstances giving rise to the claim. (3) The court may make an order extending a time limit referred to in subsection (1)(a) or (2) if it considers there to be a good reason for doing so. (4) An order under subsection (3) may not permit proceedings to be commenced after— (a) in the case of specified set-aside proceedings, the end of the period referred to in subsection (1)(b), and (b) in any case, the end of the period of 3 months beginning with the day on which the supplier first knew, or ought to have known, about the circumstances giving rise to the claim. (5) In this section, “specified set-aside proceedings” means proceedings under section 104(2) to— (a) set aside a public contract in circumstances where the contracting authority did not publish a contract details notice in respect of the contract in accordance with section 53, or (b) set aside a modification of a contract.

Your change, as a redline

106 Time limits on claims

(1) A supplier must commence any specified set-aside proceedings before the earlier of— (a) the end of the period of 30 days beginning with the day on which the supplier first knew, or ought to have known, about the circumstances giving rise to the claim; (b) the end of the period of six months beginning with the day the contract was entered into or modified. (2) A supplier must commence any other proceedings under this Part before the end of the period of 30 days beginning with the day on which the supplier first knew, or ought to have known, about the circumstances giving rise to the claim. (3) The court may make an order extending a time limit referred to in subsection (1)(a) or (2) if it considers there to be a good reason for doing so. (4) An order under subsection (3) may not permit proceedings to be commenced after— (a) in the case of specified set-aside proceedings, the end of the period referred to in subsection (1)(b), and (b) in any case, the end of the period of 3 months beginning with the day on which the supplier first knew, or ought to have known, about the circumstances giving rise to the claim. (5) In this section, “specified set-aside proceedings” means proceedings under section 104(2) to— (a) set aside a public contract in circumstances where the contracting authority did not publish a contract details notice in respect of the contract in accordance with section 53, or (b) set aside a modification of a contract.

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Who it helps, what it costs, what it fixes. It is what persuades people to support it.

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