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6.—(1) In regulation 58(2)(a), after “programme” insert “, except where the parties to the contract agree that it is a contract which should be a qualifying sub-contract”.
(2) In regulation 58(2)(b)(ii), after “other structures;”, for “or” substitute “nor”.
(3) Omit regulation 58(2)(b)(iii).
(4) After regulation 58(2)(b) insert—
“(c)a contract 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; nor
(d)a contract falling within sub-paragraph (e) below;
(e)a contract (B) falls within this sub-paragraph if—
(i)B replaced a contract (A),
(ii)the purpose of B is to ensure the performance of contractual obligations which were to be performed under A,
(iii)A was not a qualifying defence contract or qualifying sub-contract,
(iv)at least one of the parties to A is also a party to B,
(v)at least one of the parties to B was not a party to A, and
(vi)B is in all material respects (save for the identity of the parties to the contract) identical to A.”.
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