The Single Source Contract Regulations 2014

Time limits for compliance notices and penalty notices

49.—(1) The periods specified for the purposes of—

(a) section 31(5) (time limits for giving compliance notice), and

(b) section 32(5) (time limits for giving penalty notice) in the case set out in section 32(3) (contravention which cannot be remedied),

are those set out in paragraph (2).

(2) The periods are—

(a) in the case of a contravention within section 31(3)(a)(i) (failure to comply with duty to keep accounting and other records)—

(i) six months after the date on which the requirement to keep relevant records ends, or

(ii) two years after the contract completion date,

whichever ends earlier;

(b) in the case of a contravention within section 31(3)(a)(ii) (failure to comply with reporting requirements), six months after the date the report is due;

(c) in the case of a contravention within section 31(3)(b) (misleading reports) or 31(3)(c) (duty to report relevant events, circumstances and information)—

(i) one year after the date the Secretary of State becomes aware of the contravention, or

(ii) two years after the contract completion date,

whichever ends earlier;

(d) subject to paragraph (e), in the case of a contravention within section 31(3)(d), (e) or (f) (assessment of a proposed sub-contract)—

(i) one year after the date the Secretary of State becomes aware of the contravention, or

(ii) two years after the contract completion date of the contract to which the proposed sub-contract relates,

whichever ends earlier;

(e) in the case of a contravention within section 31(3)(d), (e) or (f) (assessment of a proposed sub-contract) where the proposed sub-contract is required to enable the performance of more than one contract (regulation 58(3)(b) or (4)(b))—

(i) one year after the date the Secretary of State becomes aware of the contravention, or

(ii) two years after the first contract completion date of any of those contracts,

whichever ends earlier.

(3) The period specified for the purposes of section 32(5) (time limit for giving penalty notice) in the case set out in section 32(2) (failure to take steps specified in a compliance notice) is three months after the last day of the period within which the compliance notice specified that the specified steps must be taken.