The Rate Relief (General) Regulations (Northern Ireland) 2007

Enforcement determination

63.—(1) Where, after the time specified in the notice under regulation 62, has expired, the Department—

(a) is not satisfied that the Executive has attained the standards in question; or

(b) is not satisfied that the Executive is likely to attain those standards within the time specified in the directions,

the Department may make a determination under this regulation.

(2) The determination may be made whether or not the Executive has responded to the notice under regulation 62.

(3) The determination shall be designed to secure the attainment of the standards in question and—

(a) shall include provision such as is specified in paragraph (4); and

(b) may also include provision such as is specified in paragraph (5).

(4) The provision referred to in paragraph (3)(a) is provision that the Executive must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which—

(a) falls to be carried out in pursuance of the Executive’s functions relating to the administration of rate relief; and

(b) is of a description specified in the determination.

(5) The provision referred to in paragraph (3)(b) is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates—

(a) provision that it may not be carried out by the Executive;

(b) provision that it may not be carried out by any person (other than the Executive) who has been carrying it out; and

(c) provision that any contract made by the Executive with any person for carrying it out shall include terms requiring a level of performance which will secure, or contribute to securing, the attainment of the standards in question.