Regulation 88 – Interpretation of Chapter 6

Commentary

Regulation 88 PCR2015 marks the start of Chapter 6 and simply introduces a number of definitions that are applicable to the provisions (Regulations 88-104) of this Chapter. It does not warrant a detailed comment, however the definition of “economic operator” in paragraph 2 will have play an important role in Regulations 89 and 90.

Last modified: December 6, 2016 by Pedro Telles

88.—(1) In this Chapter—

“claim form” includes, in Northern Ireland, the originating process by which the proceedings are commenced;

“contract”, except in regulation 103, means a public contract or a framework agreement;

“declaration of ineffectiveness” means a declaration made under regulation 98(2)(a) or 103(3);

“economic operator” has the meanings given by paragraph (2);

“grounds for ineffectiveness” has the meaning given to it by regulation 99;

“proceedings” means court proceedings taken for the purposes of regulation 91; and

“standstill period”, and references to its end, have the same meaning as in regulation 87.

(2) In regulations 89 and 90, “economic operator” has its usual meaning (in accordance with regulation 2(1)), but in the other provisions of this Chapter “economic operator” has the narrower meaning of an economic operator (as defined by regulation 2(1)) to which a duty is owed in accordance with regulation 89 or 90