PART 3 SREMEDIES

CHAPTER 6SAPPLICATIONS TO THE COURT

Modifications etc. (not altering text)

Duty owed to economic operators [F1, including those from countries with whom the EU has a relevant international agreement other than the GPA] S

87.—(1) The obligation on a contracting authority to comply with the provisions of these Regulations (except where otherwise specified), and with any [F2retained EU obligation that is enforceable by virtue of section 4 of the European Union (Withdrawal) Act 2018] in respect of a contract, framework agreement, dynamic purchasing system or design contest falling within the scope of these Regulations, is a duty owed to an economic operator from [F3the United Kingdom or Gibraltar].

[F4(2) The duty owed in accordance with paragraph (1) is a duty owed also to an economic operator from a country other than the United Kingdom, but only where F5... Condition 3 applies to the procurement concerned.]

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F8Condition 3 is that] —

(a)[F9immediately before IP completion day there was] an international agreement, other than the GPA, by which the EU [F10was bound]; and

(b)in accordance with that agreement, the economic operator is, in respect of the procurement concerned, to be accorded remedies no less favourable than those accorded to economic operators from the EU in respect of matters falling with the scope of the duty owed in accordance with paragraph (1).

[F11(4A) Paragraph (4)(b) is to be applied as if the United Kingdom were a member State.]

F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments