Contracts that may not be qualifying defence contractsU.K.
7. The contracts specified for the purposes of section 14(2)(c) (contracts that may not be qualifying defence contracts) are contracts—
(a)to which the government of any country other than the United Kingdom is party;
(b)made within the framework of an international cooperative defence programme [F1, except where the parties to any such contract agree that it is a contract which should be a qualifying defence contract]; or
(c)made wholly for the purposes of one or more of the following—
(i)the acquisition of land (including existing buildings or other structures, and land covered with water), and any estate, interest, easement, servitude or right in or over such land;
(ii)the management or maintenance of any land or buildings or other structures; or
F2(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(d)in relation to which compliance with Part 4, 5 or 6 of the Regulations (records and reports), or section 26 of the Act (duty to report relevant events, circumstances and information), would require disclosure of information which the Secretary of State considers would create a risk to national security; or
(e)falling within sub-paragraph (f) below;
(f)a contract (B) falls within this sub-paragraph if—
(i)B is a contract to which the Secretary of State is a party,
(ii)B replaced a contract (A),
(iii)the purpose of B is to ensure the performance of contractual obligations which were to be performed under A,
(iv)the Secretary of State was a party to A, but it was not a qualifying defence contract, and
(v)B is in all material respects (save for the identity of any party to the contract other than the Secretary of State) identical to A.]
Textual Amendments
F1Words in reg. 7(b) inserted (1.8.2018) by The Single Source Contract (Amendment) Regulations 2018 (S.I. 2018/917), regs. 1, 4(1)
F2Reg. 7(c)(iii) omitted (1.8.2018) by virtue of The Single Source Contract (Amendment) Regulations 2018 (S.I. 2018/917), regs. 1, 4(2)
F3Reg. 7(d)-(f) inserted (1.8.2018) by The Single Source Contract (Amendment) Regulations 2018 (S.I. 2018/917), regs. 1, 4(3)