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Procurement Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

38Procedure and time limits

This section has no associated Explanatory Notes

(1)Proceedings under section 37 may be brought in the sheriff court or the Court of Session.

(2)Before bringing proceedings under section 37, the relevant person must notify the contracting authority of—

(a)the failure by the contracting authority to comply with a duty mentioned in subsection (2)(b) of that section, and

(b)the relevant person’s intention to bring proceedings in respect of that failure to comply.

(3)The relevant person must bring proceedings under section 37 before the end of—

(a)the period of 30 days beginning with the day on which the relevant person first knew or ought to have known that grounds for beginning the proceedings had arisen, or

(b)such longer period of up to 3 months from that day as the court considers appropriate.

(4)A longer period may be fixed under subsection (3)(b) only if the court considers that there is good reason for doing so.

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