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The Utilities Contracts (Scotland) Regulations 2016
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- Scottish Statutory Instruments
- 2016 No. 49
- PART 5
- CHAPTER 2
- Regulation 107
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107.—(1) Where the court declines to make an ineffectiveness order under regulation 106 (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 utility of a financial penalty; or
(b)the shortening of the duration of the contract or framework agreement.
(2) In determining what order to make under paragraph (1)(a), regulation 103(4) (powers and duties of the court) applies.
(3) Regulation 103(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 103(3)(b).
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