Part 4Remedies

38Procedure and time limits

1

Proceedings under section 37 may be brought in the sheriff court or the Court of Session.

2

Before bringing proceedings under section 37, the relevant person must notify the contracting authority of—

a

the failure by the contracting authority to comply with a duty mentioned in subsection (2)(b) of that section, and

b

the relevant person’s intention to bring proceedings in respect of that failure to comply.

3

The relevant person must bring proceedings under section 37 before the end of—

a

the period of 30 days beginning with the day on which the relevant person first knew or ought to have known that grounds for beginning the proceedings had arisen, or

b

such longer period of up to 3 months from that day as the court considers appropriate.

4

A longer period may be fixed under subsection (3)(b) only if the court considers that there is good reason for doing so.