Public and Regulatory Law Update - December 2010
Cabinet Office consultation on time limits under the procurement regulations
The Cabinet Office (CO) has recently published a consultation document on changing the time limits under the procurement regulations. These are the regulations which allow unsuccessful bidders to bring an action against a contracting authority.
Why is this of interest?
The time limits have to change to take account of the European Court of Justice's decision in Uniplex v NHS Business Services Authority, which held that the current wording, requiring actions to be brought "promptly and in any event within three months from the date when grounds for the bringing of the proceedings first arose" is too uncertain to give proper effect to the claimant's remedies.
The consultation opened on 24 November 2010 and responses have to be provided by 19 January 2011. There are three main options being considered referred to below. The consultation will be of interest to any companies that regularly participate in public sector tenders, particularly as the practical effect of the change may be to give unsuccessful bidders less time to bring proceedings.
Lawyers Robert Vidal, Louisa Penny
