Defence Reform Act 2014 (c. 20)

Part 1 Defence procurement

General

11 Financial provisions

There is to be paid out of money provided by Parliament any expenditure of the Secretary of State incurred—

(a) in connection with the formation of any company formed with a view to, or for any purpose of, the provision of defence procurement services or otherwise in connection with the establishment of arrangements mentioned in section 1;

(b) in assuming responsibility for any liabilities of a company which is or has been concerned in or in connection with the provision of defence procurement services which are liabilities arising out of the provision of such services or liabilities to or in respect of persons employed or formerly employed in or in connection with the provision of such services.

12 Interpretation of this Part

(1) In this Part—

• “company” means a company as defined in section 1(1) of the Companies Act 2006;

• “contractor” has the meaning given by section 1(8);

• “DE&S” has the meaning given by section 1(8);

• “defence procurement” has the meaning given by section 1(8);

• “defence procurement services” has the meaning given by section 1(8);

• “defence purposes” has the meaning given by section 1(8);

• “the departmental defence procurement undertaking” has the meaning given by section 1(8);

• “formed”, in relation to a company, includes the alteration of the company’s articles so as to add, remove or alter a statement of the company’s objects;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “property” includes interests of any description;

• “publicly owned company” means a company which is—

  (a)

  a company limited by shares in which no one other than a relevant person holds any of the shares, or

  (b)

  a company limited by guarantee of which no one other than a relevant person is a member;

• the “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

• “the vesting date” means a day appointed by the Secretary of State by order made by statutory instrument.

(2) In the definition of “publicly owned company” in subsection (1), “relevant person” means—

(a) a Minister of the Crown,

(b) a publicly owned company, or

(c) a nominee of a person falling within paragraph (a) or (b).