[F1Starting proceedingsE+W+N.I.
45F.—[F2(1) Where proceedings are started, the economic operator must serve the claim form on the utility within 7 days after the date of issue.]
(2) Paragraph (3) applies where proceedings are started—
(a)seeking a declaration of ineffectiveness; or
(b)alleging a breach of regulation 33A, 45G or 45H(1)(b) where the contract has not been fully performed.
(3) In those circumstances, the economic operator must, as soon as practicable, send a copy of the claim form to each person, other than the utility, who is a party to the contract in question.
(4) The utility must, as soon as practicable, comply with any request from the economic operator for any information that the economic operator may reasonably require for the purpose of complying with paragraph (3).
(5) In this regulation, “serve” means serve in accordance with rules of court, and for the purposes of this regulation a claim form is deemed to be served on the day on which it is deemed by rules of court to be served.]
Textual Amendments
F1Pt. 9 substituted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 12 (with reg. 13)
F2Reg. 45F(1) substituted (1.10.2011) by The Public Procurement (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2053), regs. 1, 19(4) (with regs. 6(1), 10)