PART 8Pending applications

Application of this Part49.

F1(1)

This Part applies where, at the time that the contract allocation process for the allocation round commences—

(a)

an applicant has in accordance with regulations 43 and 44 made a qualification appeal in respect of an application and that appeal has not been determined;

(b)

an applicant has in accordance with regulations 43 and 44 made a qualification appeal in respect of an application and the Authority has upheld the non-qualification determination but the time to appeal referred to in regulation 47(2) has not expired; or

(c)

an applicant has in accordance with regulation 47 made an appeal to the High Court or the Court of Session in respect of an application and that appeal has not been determined by the relevant court.

(2)

An application to which paragraph (1) applies is a “pending application” and an applicant to whom paragraph (1) applies is a “pending applicant”.