PART 11Qualifying sub-contracts

Appeal against assessment62

1

Where an assessment is made under regulation 61(1) that a proposed contract would be a qualifying sub-contract if it were entered into, B or D (as the case may be) may appeal to the SSRO against the assessment.

2

Where an assessment is made under regulation 61(4) that a proposed sub-contract would be a qualifying sub-contract if it and the proposed contract were entered into, F may appeal to the SSRO against the assessment.

3

No appeal may be brought—

a

under paragraph (1) after the proposed contract is entered into;

b

under paragraph (2) after the proposed sub-contract is entered into.

4

An appeal must be commenced by a written notice (“notice of appeal”) containing the following information—

a

the name and contact details of the person bringing the appeal;

b

if the person bringing the appeal is a company, its registered name and company number, and the address of its registered office;

c

the name and contact details of the person which made the assessment;

d

if the person which made the assessment is a company, its registered name and company number, and the address of its registered office; and

e

the grounds for the appeal.

5

A notice of appeal must be—

a

accompanied by a copy of the notice of assessment given under regulation 61(3) or (6);

b

received by the SSRO no later than six months after the person bringing the appeal received the notice of assessment; and

c

copied to the person which made the assessment and to the Secretary of State at the same time that it is sent to the SSRO.

6

The Secretary of State or the person which made the assessment may, within 20 working days of receipt of the copy of the notice of appeal, make a written submission to the SSRO on any matters to which they wish the SSRO to have regard in determining the appeal.

7

Within 40 working days of receiving the notice of appeal, the SSRO must—

a

determine the appeal; and

b

notify in writing its determination to—

i

the person bringing the appeal;

ii

the person which made the assessment; and

iii

the Secretary of State.