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The Utilities Contracts Regulations 2006 (revoked)
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- UK Statutory Instruments
- 2006 No. 6
- PART 9
- Regulation 45D
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Changes over time for: Section 45D
Version Superseded: 01/10/2011
Alternative versions:
- 20/12/2009- Amendment
- 20/12/2009
Point in time - 01/10/2011- Amendment
- 18/04/2017- Amendment
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Point in time view as at 20/12/2009. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Utilities Contracts Regulations 2006 (revoked), Section 45D.
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[F1General time limits for starting proceedingsE+W+N.I.
This section has no associated Explanatory Memorandum
45D.—(1) This regulation limits the time within which proceedings may be started where the proceedings do not seek a declaration of ineffectiveness.
(2) Subject to paragraphs (3) and (4), such proceedings must be started promptly and in any event within 3 months beginning with the date when grounds for starting the proceedings first arose.
(3) Paragraph (2) does not require proceedings to be started before the end of any of the following periods—
(a)where the proceedings relate to a decision which is sent to the economic operator by facsimile or electronic means, 10 days beginning with—
(i)the day after the date on which the decision is sent, if the decision is accompanied by a summary of the reasons for the decision;
(ii)if the decision is not so accompanied, the day after the date on which the economic operator is informed of a summary of those reasons;
(b)where the proceedings relate to a decision which is sent to the economic operator by other means, whichever of the following periods ends first—
(i)15 days beginning with—
(aa)the day after the date on which the decision is sent, if the decision is accompanied by a summary of the reasons for the decision; or
(bb)if the decision is not so accompanied, the day after the date on which the economic operator is informed of a summary of those reasons;
(ii)10 days beginning with—
(aa)the day after the date on which the decision is received, if the decision is accompanied by a summary of the reasons for the decision; or
(bb)if the decision is not so accompanied, the day after the date on which the economic operator is informed of a summary of those reasons;
(c)where sub-paragraphs (a) and (b) do not apply but the decision is published, 10 days beginning with the day on which the decision is published.
(4) The Court may extend the time limits imposed by this regulation (but not the limits imposed by regulation 45E) where the Court considers that there is a good reason for doing so.
(5) For the purposes of this regulation, proceedings are to be regarded as started only when the claim form is served in compliance with regulation 45F(1).]
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)
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