74.—(1) This regulation applies if the Secretary of State considers that, in relation to a supply contract—
(a)a determination by the supplier of, or declaration by the customer in respect of, any Part 2 or Part 4 matter, is not in conformity with the Regulations or is otherwise incorrect,
(b)a determination by the supplier or declaration by the customer which should have been made in respect of a Part 2 or Part 4 matter has not been made, or
(c)a determination by a provider of a regulation 22 matter is not in conformity with regulation 22 or the requirements of the applicable pass-through regulations.
(2) Where this regulation applies the Secretary of State may determine—
(a)the Part 2 or Part 4 matter in question by giving notice of such determination to the contract parties, or
(b)the regulation 22 matter in question by giving notice of such determination to each affected person.
(3) Before making a determination under this regulation the Secretary of State must—
(a)give notice to the contract parties or (as the case may be) each affected person—
(i)setting out the matter in question;
(ii)setting out the reasons for which the Secretary of State proposes to make a determination;
(iii)setting out the determination which the Secretary of State proposes to make;
(iv)inviting the contract parties or (as the case may be) any affected person to make representations in respect of the proposal by a time specified in the notice;
(b)consider any representations made by either contract party or (as the case may be) any affected person by that time.
(4) The Regulations apply, in relation to the supply contract, on the basis of the determination made by the Secretary of State and the contract parties or (as the case may be) the provider must comply with that determination.
Commencement Information
I1Reg. 74 in force at 26.4.2023, see reg. 1(1)