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PART 5Enforcement

Actions in respect of a failure to comply with these Regulations24.

(1)

An action in respect of a failure by a competent authority to comply with these Regulations in deciding to enter into a public service contract or make a general rule may not be brought after the end of the period of one month beginning with whichever is the latest of—

(a)

if the interested party has made a request for information under regulation 23(3) (right to request reasons for direct award), the date on which the authority forwards the reasons for its decision in accordance with that provision,

(b)

if the interested party has made a request for information under regulation 26 (pre-action information requests), the date on which the notice under paragraph (3) of this regulation is given, or

(c)

in any other case, the publication date for the contract or rule.

(2)

A court may extend the time limit provided for in paragraph (1) where it considers it appropriate to do so in the circumstances.

(3)

For the purpose of paragraph (1)(b), a competent authority must give notice to the interested party that the authority has provided information in response to a request for information under regulation 26 (pre-action information requests).

(4)

If the action is an application for judicial review, section 31 of the Senior Courts Act 198111 (applications for judicial review) applies to the application as if, in subsection (3) of that section, for “has a sufficient interest in the matter to which the application relates”, there were substituted “is an interested party within the meaning of regulation 2 of the Public Service Obligations in Transport Regulations 2023”.

(5)

If the action is an application to the supervisory jurisdiction of the Court of Session, section 27B of the Court of Session Act 198812 (requirement for permission) applies to the application as if, in subsection (2)(a) of that section, for “can demonstrate a sufficient interest in the subject matter of the application”, there were substituted “is an interested party within the meaning of regulation 2 of the Public Service Obligations in Transport Regulations 2023”.

(6)

In this regulation “action” includes any proceeding in a court of law.