- Latest available (Revised)
- Point in Time (05/12/2014)
- Original (As enacted)
Point in time view as at 05/12/2014.
Defence Reform Act 2014, Section 23 is up to date with all changes known to be in force on or before 09 October 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Single source contract regulations must contain provision requiring a person (“P”) to keep relevant records.
(2)“Relevant records” means accounting and other records (whether in hard or electronic form)—
(a)which P may reasonably be expected to keep, and
(b)which are sufficiently up-to-date and accurate for use by the Secretary of State or an authorised person for any of the purposes listed in subsection (3).
(3)Those purposes are—
(a)auditing reports provided by P under section 24 or 25;
(b)where P is a primary contractor, verifying—
(i)whether a cost of P is an allowable cost,
(ii)the reason for any difference between an estimated and actual allowable cost of P, or
(iii)any other matter relating to the price payable to P under a qualifying defence contract;
(c)where P is a primary contractor, monitoring P's performance of the obligations to which it is subject under a qualifying defence contract;
(d)where P is a primary contractor, determining whether a contract between P and another person is a qualifying sub-contract.
(4)The regulations may provide for the requirement to keep relevant records—
(a)to begin at a time specified by or determined in accordance with the regulations (which may be before a qualifying defence contract is entered into), and
(b)to end at a time so specified or determined.
(5)The regulations may provide—
(a)for the Secretary of State or an authorised person to be entitled to examine relevant records where reasonably required for a purpose listed in subsection (3);
(b)for the Secretary of State or an authorised person to require P to make copies available (in hard or electronic form) for the purpose of enabling relevant records to be examined;
(c)for any entitlement to examine relevant records to be exercisable subject to provision in the regulations—
(i)about the times at which relevant records may be examined, and
(ii)about notice to be given before they may be examined;
(d)for P to be required to comply with any reasonable request by the Secretary of State or an authorised person for further information or explanation relating to relevant records (whether after examination of the records by virtue of paragraph (a) or otherwise).
(6)The SSRO may, on an application by P, review the way in which the Secretary of State or an authorised person has acted in exercising any function by virtue of subsection (5).
(7)If, on a review under subsection (6), the SSRO considers that the Secretary of State or an authorised person has acted unreasonably in exercising the function, the SSRO may make a declaration to that effect.
Commencement Information
I1S. 23 in force at 14.7.2014 for specified purposes by S.I. 2014/1751, art. 4(h)
I2S. 23 in force at 5.12.2014 in so far as not already in force by S.I. 2014/3162, art. 3(c)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: