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The Public Contracts (Scotland) Regulations 2015
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92.—(1) If an ineffectiveness order is made, the court must, without prejudice to the other powers of the court—
(a)order the payment by the contracting authority of a financial penalty; and
(b)make such other order as the court considers appropriate to address the consequences of the ineffectiveness order on the rights and obligations of the parties to the contract or framework agreement.
(2) In the case of an order made under paragraph (1)(a), the court must have regard to the extent to which the contract or framework agreement will remain in effect in respect of the period leading up to the date of the ineffectiveness order.
(3) Before making an order under paragraph (1)(b), the court must have regard to any terms of the contract or framework agreement relating to the rights and obligations of the parties should an ineffectiveness order be made in relation to the contract or framework agreement.
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