PART 5Remedies
CHAPTER 2Applications to the court
Special time limits for seeking a declaration of ineffectiveness54
1
This regulation limits the time within which proceedings may be started where the proceedings seek a declaration of ineffectiveness.
2
Such proceedings must be started—
a
where paragraph (3) or (5) applies, within 30 days beginning with the relevant date mentioned in that paragraph;
b
in any event, within 6 months beginning with the day after the date on which the concession contract was entered into.
3
This paragraph applies where a relevant concession award notice has been published F1on the UK e-notification service, in which case the relevant date is the day after the date on which the notice was published.
4
For that purpose, a concession award notice is relevant if, and only if—
a
the concession contract was awarded without prior publication of a concession notice F2on the UK e-notification service; and
b
the concession award notice includes justification of the decision of the contracting authority or utility to award the concession contract without prior publication of a concession notice F3on the UK e-notification service.
5
This paragraph applies where the contracting authority or utility has informed the economic operator of—
a
the conclusion of the concession contract, and
b
a summary of the relevant reasons,
in which case the relevant date is the day after the date on which the economic operator was informed of the award or, if later, was informed of a summary of the relevant reasons.
6
In paragraph (5), “the relevant reasons” means the reasons which the economic operator would have been entitled to receive in response to a request under regulation 40(2).
7
For the purposes of this regulation, proceedings are to be regarded as started when the claim form is issued.