Defence Reform Act 2014

General

41 Single source contract regulations: time limits and determinations

(1) Single source contract regulations may make provision imposing limits in relation to the time within which an application, reference or appeal to the SSRO under this Part or the regulations may be made.

(2) Single source contract regulations may specify matters to which the SSRO must have regard in making a determination under this Part or the regulations.

42 Single source contract regulations: general

(1) Single source contract regulations may make consequential, supplementary incidental or transitional provision.

(2) Single source contract regulations may make different provision for different purposes.

(3) Single source contract regulations are to be made by statutory instrument.

(4) A statutory instrument containing—

(a) the first single source contract regulations,

(b) provision made by virtue of section 14(2), (6) or (8) (contracts to which single source contract regulations apply), whether alone or with other provision, or

(c) provision made by virtue of section 33 (amount of penalty), whether alone or with other provision,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) Any other statutory instrument containing single source contract regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

43 Interpretation etc

(1) In this Part—

• “authorised person” means a person authorised by the Secretary of State;

• “financial year” means a year beginning with 1 April;

• “primary contractor” has the meaning given by section 14(9);

• “qualifying defence contract” has the meaning given by section 14(2);

• “qualifying sub-contract” has the meaning given by section 28(2);

• “relevant date” has the meaning given by section 14(9);

• “single source contract regulations” has the meaning given by section 14(9);

• “SSRO” means the Single Source Regulations Office;

• “sub-contractor” has the meaning given by section 28(2).

(2) In this Part—

(a) references to the value of a contract—

(i) are to its value as determined in accordance with single source contract regulations, and

(ii) include references to its value as estimated in accordance with such regulations;

(b) references to costs include references to—

(i) costs as estimated in accordance with single source contract regulations;

(ii) a combination of actual costs and costs as so estimated.

(3) For the purposes of this Part, one person is “associated” with another if they are group undertakings in relation to each other.

(4) In subsection (3), “group undertaking” has the meaning given by section 1161 of the Companies Act 2006.

(5) So far as there is any inconsistency between a provision of this Part or regulations made under it (provision A) and a provision of a qualifying defence contract (provision B), provision A prevails.