Part 2Single source contracts
Pricing of contracts
22Recovery of unpaid amounts
(1)
This section applies where—
(a)
the SSRO determines by virtue of section F116(4), 18(3)(b), 20(6) or 21(3)(b) that the price payable under a qualifying defence contract is to be adjusted, and
(b)
as a result of the adjustment—
(i)
the Secretary of State is required to pay an amount to the primary contractor, or
(ii)
the primary contractor is required to repay an amount to the Secretary of State.
(2)
If all or part of the amount mentioned in subsection (1)(b)(i) or (ii) is not paid or repaid before the payment date, the unpaid balance carries interest from that date at the rate for the time being specified in section 17 of the Judgments Act 1838.
(3)
The “payment date” is the date determined by the SSRO, in making the determination in question, as the date by which the amount must be paid or repaid.
(4)
The person to whom the amount is required to be paid or repaid (“the creditor”) may recover from the other person as a debt due to the creditor the unpaid balance and any unpaid interest.