PART IICOMPETITION
Functional work: restrictions
The conditions: further provisions8
1
Regulations may provide that the second condition shall not be treated as fulfilled if the period stated by virtue of Article 7(2)(c)—
a
exceeds a period specified in the regulations; or
b
is less than another period so specified.
2
Regulations may provide that the third condition shall not be treated as fulfilled unless—
a
the contents of any invitation included prescribed matters (which may relate to the time allowed for responding, the method of responding, or otherwise); and
b
if any response was made to any invitation, before carrying out the work the board complied with prescribed requirements as to responses (which may include requirements to disregard certain responses, requirements about the keeping or opening of responses, or otherwise).
3
Regulations may provide that the fourth condition shall not be treated as fulfilled unless before carrying out the work the board complied with prescribed requirements as to the bid (which may include requirements about the preparation, keeping or opening of the bid, or otherwise).
4
Regulations may provide that the fifth condition shall not be treated as fulfilled unless—
a
in accordance with prescribed requirements there is prepared and certified a document which appraises and fulfils such other conditions as may be prescribed with respect to responses falling within paragraph (2) and the bid referred to in paragraph (3); and
b
at such time or times (prior to reaching the decision referred to in Article 7(6)) as may be prescribed, copies of that document are provided or made available in accordance with any prescribed requirements.
5
Where any document is provided or made available in accordance with the requirements of regulations under paragraph (4), the publication thereby of any defamatory matter in the document shall be privileged unless the publication is proved to be made with malice.