PART 4U.K.Records

Duty to keep relevant recordsU.K.

20.—(1) Each of the following must keep relevant records, from the recording date—

(a)in relation to a qualifying defence contract (including any report provided under Part 5 (reports on qualifying defence contracts) in relation to that contract), the primary contractor;

(b)in relation to any report provided under Part 6 (reports on overheads and forward planning etc), the designated person which is required to make that report.

(2) In the case of a qualifying defence contract to which section 14(4) or (5) applies, the recording date is the earliest of—

(a)the date the primary contractor received written notice from the Secretary of State that amendment negotiations had commenced;

(b)the date the contractor was invited to provide an offer to amend the contract;

(c)the date the contractor made an offer to amend the contract;

(d)the date of the amendment.

(3) References in paragraph (2) to the amendment of the contract are to the amendment mentioned in section 14(4) or (5).

(4) Where the award of a qualifying defence contract was the result of a process in which a notice of intention to seek offers was published F1..., the recording date is the date of the publication of that notice.

(5) For all other qualifying defence contracts, the recording date is the earliest of—

(a)the date the primary contractor received written notice from the Secretary of State that contract negotiations had commenced;

(b)the date the Secretary of State [F2last] published [F3a transparency notice or] a voluntary transparency notice in relation to the contract;

(c)the date the primary contractor was invited to provide an offer;

(d)the date the primary contractor made an offer;

(e)the date on which the qualifying defence contract was entered into.

(6) In the case of a report under Part 6, the recording date is the first day of the designated person's accounting period relating to the relevant financial year for which that report is provided.

(7) Subject to paragraph (8), the duty to keep a relevant record for a qualifying defence contract (including any report under Part 5 which relates to that contract) ends —

(a)two years after the contract completion date, or

(b)six years after the end of the accounting period of the contractor in which the duty first arose,

whichever is the earlier.

(8) If at the time mentioned in paragraph (7) a reference, application or appeal to the SSRO in relation to the contract has been made but not yet determined, the duty to keep relevant records ends three months after the reference, application or appeal is determined.

(9) The duty to keep a relevant record in relation to any report provided under Part 6 ends—

(a)two years after the end of the designated person's accounting period relating to the last relevant financial year in relation to which the ongoing contract condition is met, or

(b)six years after the end of the designated person's accounting period in which the duty first arose,

whichever is the earlier.

(10) In paragraph (9)(a), the reference to the ongoing contract condition being met has the meaning given in regulation 31(3) (application of Part 6).

[F4(11) In this regulation—

(a)“transparency notice” means a notice published pursuant to section 44 of the Procurement Act 2023;

(b)“voluntary transparency notice” has the meaning given by regulation 60(4) of the Defence and Security Public Contracts Regulations 2011.]

Textual Amendments