Point in time view as at 01/04/2022.
Procurement Reform (Scotland) Act 2014, Section 37 is up to date with all changes known to be in force on or before 13 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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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