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Procurement Reform (Scotland) Act 2014
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- 2014 asp 12
- Part 4
- Section 37
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- sch. para. 70 inserted by 2024 asp 13 sch. para. 6(2)
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- sch. para. 70 inserted by 2024 asp 13 sch. para. 6(2)
37Actionable dutiesS
This section has no associated Explanatory Notes
(1)This section applies to a regulated procurement (other than [F1a higher value regulated procurement]).
(2)A relevant person may bring proceedings against a contracting authority if—
(a)the person sought, seeks, or would have wished, to be the person to whom the regulated contract is awarded,
(b)the contracting authority is not complying or has not complied with its duties imposed under or by virtue of section 8, 23, 27, 28, 29, 30, 31, 32 or, as the case may be, section 33, and
(c)in consequence of that failure the relevant person suffers, or risks suffering, loss or damage.
[F2(3)A relevant person is an economic operator who is a national of, or is established in, the United Kingdom or Gibraltar.]
Textual Amendments
F1Words in s. 37(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)
F2S. 37(3) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(5) (with sch. paras. 1-5)
Commencement Information
I1S. 37 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)
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