6 Enforcement of duties
1 The obligation of a contracting authority, utility or operator to comply with these Regulations is a duty owed to an economic operator.
2 Subject to paragraph (4), Part 3 of the Public Contracts Regulations 2015 has effect as if any reference in that Part to—
(a) the duty owed in accordance with regulation 89 of those Regulations included reference to the duty owed in accordance with paragraph (1);
Words in reg. 6(2)(a) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(4)(b)
(b) a contracting authority included reference to an operator;
(c) an economic operator included any person who is an economic operator for the purposes of these Regulations.
Words in reg. 6(2) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(4)(a)
3 Part 9 of the Utilities Contracts Regulations 2006 has effect as if any reference in that Part to the duty owed in accordance with regulation 45A of those Regulations included reference to the duty owed in accordance with paragraph (1).
4 Where Part 3 of the Public Contracts Regulations 2015 has effect in relation to an operator by virtue of paragraph (2)(b)—
(a) the operator does not owe any duty under that Part to a person who is not a national of or established in an EEA state;
Words in reg. 6(4)(a) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(4)(d)
(b) in proceedings against an operator under that Part the Court may not make a declaration of ineffectiveness, an order imposing a civil financial penalty or an order shortening the duration of a contract;
(c) the operator is not required to refrain from entering into any contract by reason of any proceedings having been started under that Part.
Words in reg. 6(4) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(4)(c)