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Defence Reform Act 2014
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Defence Reform Act 2014, Section 35 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 25(8A) inserted by 2023 c. 54 Sch. 10 para. 13(3)
35Opinions and determinationsU.K.
This section has no associated Explanatory Notes
(1)The SSRO must, on a reference made to it by a person mentioned in subsection (2)—
(a)give an opinion on a matter relating to a F1... contract or a proposed F1... contract, where the matter is specified for the purposes of this paragraph, or
(b)make a determination in relation to such a matter, where the matter is specified for the purposes of this paragraph.
“Specified” means specified in single source contract regulations.
(2)The persons referred to in subsection (1) are—
(a)the Secretary of State;
(b)an authorised person;
[F2(c)a person who has entered into a contract with the Secretary of State (a “contractor”);]
(d)[F3a] person who proposes to enter into the contract with the Secretary of State F4....
[F5(3)The SSRO may, on a reference made to it by a person mentioned in subsection (2), give an opinion on any other matter relating to the application or interpretation of this Part or single source contract regulations.]
(4)When giving an opinion or making a determination in relation to any matter under or by virtue of this Part, the SSRO may require the payment of such costs as the SSRO considers appropriate—
(a)in the case of a F6... contract, by one party to the contract to the other, or
(b)in the case of a proposed contract, by one proposed party to the contract to the other.
(5)The costs that the Secretary of State may be required to pay under subsection (4) include, in particular, costs incurred by a F7... contractor in taking a step specified in a compliance notice under section 31, where the SSRO determines that it was unreasonable for the F7... contractor to be required to take that step.
(6)Subsection (7) applies where, in the case of a contract entered into before the relevant date, the contract requires the Review Board for Government Contracts to make a determination or give an opinion in relation to any matter referred to it.
(7)If a party to the contract refers the matter after the relevant date, the determination or opinion is to be made or given instead by the SSRO.
Textual Amendments
F1Words in s. 35(1)(a) omitted (1.4.2024) by virtue of Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 18(2); S.I. 2024/61, reg. 2(2)(b)(ii)
F2S. 35(2)(c) substituted (1.4.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 18(3); S.I. 2024/61, reg. 2(2)(b)(ii)
F3Word in s. 35(2)(d) substituted (1.4.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 18(4)(a); S.I. 2024/61, reg. 2(2)(b)(ii)
F4Words in s. 35(2)(d) omitted (1.4.2024) by virtue of Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 18(4)(b); S.I. 2024/61, reg. 2(2)(b)(ii)
F5S. 35(3) substituted (1.4.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 18(5); S.I. 2024/61, reg. 2(2)(b)(ii)
F6Words in s. 35(4)(a) omitted (1.4.2024) by virtue of Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 18(6); S.I. 2024/61, reg. 2(2)(b)(ii)
F7Word in s. 35(5) omitted (1.4.2024) by virtue of Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 18(7); S.I. 2024/61, reg. 2(2)(b)(ii)
Commencement Information
I1S. 35 in force at 14.7.2014 for specified purposes by S.I. 2014/1751, art. 4(r)
I2S. 35 in force at 5.12.2014 in so far as not already in force by S.I. 2014/3162, art. 3(c)
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