Defence Reform Act 2014

35 Opinions and determinations

(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 qualifying defence contract or a proposed qualifying defence 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;

(c) the primary contractor (in the case of a qualifying defence contract);

(d) the person who proposes to enter into the contract with the Secretary of State (in the case of a proposed contract).

(3) The SSRO may give an opinion on any matter relating to—

(a) a qualifying defence contract, on a reference made to it by the Secretary of State and the primary contractor;

(b) a proposed qualifying defence contract, on a reference made to it by the Secretary of State and the other proposed party to the contract.

(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 qualifying defence 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 primary contractor in taking a step specified in a compliance notice under section 31, where the SSRO determines that it was unreasonable for the primary 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.