PART 5REMEDIES

CHAPTER 9APPLICATIONS TO THE COURT

Other ordersI158

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).