Procurement Reform (Scotland) Act 2014

39 Determination by the court

(1) This section applies to the court in determining proceedings brought under section 37.

(2) The court may by interim order suspend—

(a) the procedure leading to the award of the regulated contract,

(b) the implementation of any decision or action taken by a contracting authority in relation to that procedure.

(3) In deciding whether to grant an interim order under subsection (2), the court must decide whether the negative consequences of such an order are likely to outweigh the benefits, having regard to the following considerations—

(a) that decisions taken by a contracting authority must be reviewed effectively and, in particular, as rapidly as possible,

(b) the probable consequences of an interim order for all interests likely to be harmed, and

(c) the public interest.

(4) The court may if satisfied that a decision or action of the contracting authority was in breach of a duty mentioned in section 37(2)(b), take one or more of the following steps—

(a) order the setting aside of that decision or action,

(b) order the contracting authority to amend any document,

(c) award damages to the relevant person who has suffered loss or damage in consequence of the failure of the contracting authority to comply with its duty.

(5) If the breach of the duty by the contracting authority is in relation to a regulated contract which has been entered into, the court may only make an award under section (4)(c).

(6) Nothing in this section affects any power that the court may have by virtue of any other enactment or rule of law.