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2.—(1) Where the Authority has given notice in respect of the invitation to tender stage for a particular qualifying project in accordance with regulation 17(1) of the 2013 Regulations before these Regulations come into force, the 2013 Regulations continue to apply in respect of that tender exercise.
(2) If, before these Regulations come into force, the Authority has not given the notice referred to in paragraph (1) for a particular qualifying project which is subject to the 2013 Regulations—
(a)a tender exercise in respect of that qualifying project is, after these Regulations come into force, to be treated as having been held and as continuing to be held under these Regulations;
(b)a tender exercise in respect of that qualifying project that complied with all of the applicable requirements of the 2013 Regulations before they were revoked is not to be treated as defective under these Regulations by virtue only of its failure to comply with the requirements of these Regulations in respect of any aspect of the tender exercise held before these Regulations come into force.
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