Rupert Choat’s article on 28 November (page 59) concerned penalties which public bodies might incur, if they did not comply with European Procurement legislation.
One fundamental point that the article did not cover is an impending change to the regulations. In December 2007 a new directive covering remedies for breach of the procurement legislation was published. Individual member states now have two years to bring this into their own legislation.
One principle point which this directive introduces is an encouragement to set contracts aside even when they have been entered into but where the procurement regulations have been flouted. Alternative remedies will probably be available including fines and shortening of the contract period.
John Ryding, procurement and projects manager, West Lancashire council
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