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.