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England and Wales · Public law

What period and facts govern contract modification set-aside limit in England and Wales?

Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material.

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Period
Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge
Trigger
The modification date and first actual or constructive knowledge of the claim circumstances
Rule
Procurement Act 2023 section 106
Procurement Act 2023 section 106

The contract modification set-aside limit guide uses complete official response bodies retained with acquisition identities. Current legislative XML may contain temporal, territorial and transitional alternatives. The actual provision and case history require verification; this guide qualifies no new numeric model. The current revoked PCR XML is preserved separately from the February 23, 2025 edition. Current SI 2024/716 regulation 5 supplies the actual saving conditions; the Procurement Act began its main regime on February 24, 2025.

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Procurement Act 2023 section 106. Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material. The contract modification set-aside limit source guide provides no computed date or paid calculation.

Procurement Act 2023 section 106

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What period and facts govern contract modification set-aside limit in England and Wales?

Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material.

Responsible actor. A supplier seeking to set aside a contract modification under section 104(2).

The modification date and first actual or constructive knowledge of the claim circumstances

The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material.

A supplier seeking to set aside a contract modification under section 104(2). Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material.

Procurement Act 2023 section 106

How does this provision count time?

  1. Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge
  2. Commence the modification set-aside proceedings.
  3. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material.

Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. Preserve the Act’s beginning-with wording. Its working-day definition excludes weekends and a bank holiday in any part of the United Kingdom; ordinary calendar-day and month periods remain distinct.

For contract modification set-aside limit, an unavailable office does not by itself establish an extension of a statutory contract-entry restriction, publication duty or limitation. Establish actual procurement applicability and any expressly authorized court order.

Procurement Act 2023 section 106

Which facts prevent one automatic date?

Procurement Act 2023 section 106. Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material. The contract modification set-aside limit source guide provides no computed date or paid calculation.

ResultRead the operative provision and establish the applicable branch.

A supplier seeking to set aside a contract modification under section 104(2) has records of the modification date and first actual or constructive knowledge of the claim circumstances. Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. Commence the modification set-aside proceedings. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material. Establish the complete contract modification set-aside limit procedure before choosing an endpoint.

The proposed contract modification set-aside limit step encounters a closed recipient, disputed delivery or an uncertain event. Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. Preserve the Act’s beginning-with wording. Its working-day definition excludes weekends and a bank holiday in any part of the United Kingdom; ordinary calendar-day and month periods remain distinct. For contract modification set-aside limit, an unavailable office does not by itself establish an extension of a statutory contract-entry restriction, publication duty or limitation. Establish actual procurement applicability and any expressly authorized court order. Establish effective contract modification set-aside limit completion and source applicability. No assumed closure extension or substitute date is computed.

The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material. The modification date and first actual or constructive knowledge of the claim circumstances. Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. Commence the modification set-aside proceedings. Preserve this contract modification set-aside limit qualification rather than converting incomplete facts into a final date.

Which conditions and exceptions apply?

Actor and completed contract modification set-aside limit step
A supplier seeking to set aside a contract modification under section 104(2). Commence the modification set-aside proceedings.
Operative contract modification set-aside limit event and branch
The modification date and first actual or constructive knowledge of the claim circumstances. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material.
Counting and completion of contract modification set-aside limit
Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. Preserve the Act’s beginning-with wording. Its working-day definition excludes weekends and a bank holiday in any part of the United Kingdom; ordinary calendar-day and month periods remain distinct. For contract modification set-aside limit, an unavailable office does not by itself establish an extension of a statutory contract-entry restriction, publication duty or limitation. Establish actual procurement applicability and any expressly authorized court order.
Procurement Act 2023 section 106
  • A supplier seeking to set aside a contract modification under section 104(2). Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material.
  • Contract modification set-aside limit concerns commence the modification set-aside proceedings. The the modification date and first actual or constructive knowledge of the claim circumstances establishes this procedure’s source event. A different remedy, notice recipient or statutory regime requires its own period and completed-act analysis.

What must the responsible actor complete?

Questions about this procedure

What period and facts govern contract modification set-aside limit in England and Wales?

What period governs contract modification set-aside limit?

Commence before the earlier of six months beginning with modification and thirty days beginning with knowledge. The original contract-entry date cannot substitute for the relevant modification event. Both limbs and any actual knowledge-limb extension remain material.

Procurement Act 2023 section 106

Which event controls contract modification set-aside limit?

The modification date and first actual or constructive knowledge of the claim circumstances. Preserve the actual event and its source evidence.

Procurement Act 2023 section 106

What completes contract modification set-aside limit?

Commence the modification set-aside proceedings. A supplier seeking to set aside a contract modification under section 104(2) must establish that particular completed step.

Procurement Act 2023 section 106

Does six months run from the original contract signature?

For the modification branch, section 106(1)(b) uses when the contract was modified. Preserve the actual modification event.

Procurement Act 2023 section 106

Does a modification challenge always have the full six months?

No. The thirty-day knowledge limb may end earlier. Section 106 expressly requires the earlier endpoint.

Procurement Act 2023 section 106

What makes this a specified set-aside proceeding?

Section 106(5)(b) identifies proceedings under section 104(2) to set aside a modification. A different remedy requires its own limitation analysis.

Procurement Act 2023 section 106

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Procurement Act 2023 section 106Check the identified procedure, event, counting rule or qualification
Procurement Act 2023 section 104Check the identified procedure, event, counting rule or qualification
Procurement Act 2023 section 123Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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