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PART 11U.K.Qualifying sub-contracts

Appeal against assessmentU.K.

62.—(1) Where an assessment is made under regulation 61(1) that a proposed contract would be a qualifying sub-contract if it were entered into, B or D (as the case may be) may appeal to the SSRO against the assessment.

(2) Where an assessment is made under regulation 61(4) that a proposed sub-contract would be a qualifying sub-contract if it and the proposed contract were entered into, F may appeal to the SSRO against the assessment.

(3) No appeal may be brought—

(a)under paragraph (1) after the proposed contract is entered into;

(b)under paragraph (2) after the proposed sub-contract is entered into.

(4) An appeal must be commenced by a written notice (“notice of appeal”) containing the following information—

(a)the name and contact details of the person bringing the appeal;

(b)if the person bringing the appeal is a company, its registered name and company number, and the address of its registered office;

(c)the name and contact details of the person which made the assessment;

(d)if the person which made the assessment is a company, its registered name and company number, and the address of its registered office; and

(e)the grounds for the appeal.

(5) A notice of appeal must be—

(a)accompanied by a copy of the notice of assessment given under regulation 61(3) or (6);

(b)received by the SSRO no later than six months after the person bringing the appeal received the notice of assessment; and

(c)copied to the person which made the assessment and to the Secretary of State at the same time that it is sent to the SSRO.

(6) The Secretary of State or the person which made the assessment may, within 20 working days of receipt of the copy of the notice of appeal, make a written submission to the SSRO on any matters to which they wish the SSRO to have regard in determining the appeal.

(7) Within 40 working days of receiving the notice of appeal, the SSRO must—

(a)determine the appeal; and

(b)notify in writing its determination to—

(i)the person bringing the appeal;

(ii)the person which made the assessment; and

(iii)the Secretary of State.