58.—(1) If the court declines to make an ineffectiveness order under regulation 57 (general interest grounds for not making a declaration of ineffectiveness), the court must, without prejudice to the other powers of the court, order—
(a)the payment by the contracting entity of a financial penalty; or
(b)the shortening of the duration of the concession contract.
(2) In determining what order to make under paragraph (1)(a), regulation 54(4) applies (powers and duties of the court).
(3) Regulation 54(5) and (6) (powers and duties of the court) applies to an order made under paragraph (1)(b) as it applies to an order made under regulation 54(3)(b).