The Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012

Regulation 4

SCHEDULE Grounds for rejection of expression of interest

1.  The expression of interest does not comply with one or more of the requirements specified in section 81(1) or in regulations made by the Secretary of State under section 81(1)(b) (duty to consider expression of interest).

2.  The relevant body provides information in the expression of interest which, in the opinion of the relevant authority, is in a material particular inadequate or inaccurate.

3.  The relevant authority considers, based on the information in the expression of interest, that the relevant body or, where applicable, —

(a) any member of the consortium of which it is a part, or

(b) any sub-contractor referred to in the expression of interest,

is not suitable to provide or assist in providing the relevant service.

4.  The expression of interest relates to a relevant service where a decision, evidenced in writing, has been taken by the relevant authority to stop providing that service.

5.  The expression of interest relates to a relevant service—

(a) provided, in whole or in part, by or on behalf of the relevant authority to persons who are also in receipt of a service provided or arranged by an NHS body which is integrated with the relevant service, and

(b) the continued integration of such services is, in the opinion of the relevant authority, critical to the well-being of those persons.

6.  The relevant service is already the subject of a procurement exercise.

7.  The relevant authority and a third party have entered into negotiations for provision of the relevant service, which negotiations are at least in part conducted in writing.

8.  The relevant authority has published its intention to consider the provision of the relevant service by a body that 2 or more specified employees of that authority propose to establish.

9.  The relevant authority considers that the expression of interest is frivolous or vexatious.

10.  The relevant authority considers that acceptance of the expression of interest is likely to lead to contravention of an enactment or other rule of law or a breach of statutory duty.