- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Single Source Contract (Amendment) (No. 2) Regulations 2018.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) These Regulations may be cited as the Single Source Contract (Amendment) (No. 2) Regulations 2018.
(2) This Part and Part 2 of these Regulations come into force on 31st January 2019.
(3) Part 3 of these Regulations comes into force on 1st April 2019.
2. In these Regulations, “the 2014 Regulations” means the Single Source Contract Regulations 2014 M1.
Marginal Citations
M1S.I. 2014/3337: to which there are amendments but none is relevant to this instrument.
3. The 2014 Regulations are amended in accordance with regulations 4 and 5.
4. In regulation 52, for paragraph (2) substitute—
“(2) A reference to the SSRO for a determination in relation to any of those matters must be made—
(a)where the contract is a qualifying defence contract by virtue of section 14(3)—
(i)no later than 6 months after the contract is entered into, or
(ii)if the contract is amended after it is entered into in a way that affects any of those matters, no later than 6 months after the contract is so amended;
(b)where the contract is a qualifying defence contract by virtue of section 14(4) or (5)—
(i)no later than 6 months after the amendment mentioned in section 14(4)(c) or (5)(b) (as the case may be) is made, or
(ii)if the contract is subsequently amended in a way that affects those matters, no later than 6 months after the contract is so amended.”.
5. In regulation 65, after paragraph (14), insert—
“(15) Regulation 52 has effect as if—
(a)in paragraph (2)(a) for “qualifying defence contract by virtue of section 14(3)”, there were substituted “ qualifying sub-contract ”;
(b)paragraph (2)(b) were omitted.”.
6. The 2014 Regulations are amended in accordance with regulations 7 to 13.
7. In regulation 2, in paragraph (1)—
(a)for the definition of “the Act” substitute—
““the Act” means the Defence Reform Act 2014, and references to sections are to sections of that Act;”;
(b)for the definition of “contract price” substitute—
““contract price”, in relation to a qualifying defence contract, means—
(a)the price payable under the contract to the primary contractor as determined in accordance with regulation 10, or
(b)if the contract is amended in a way that affects the price payable under it, the price payable under the contract to the primary contractor as determined or, as the case may be, last determined in accordance with the Schedule;”;
(c)in the definition of “the time of agreement”, for “under regulation 14”, in both places it occurs, substitute “ in accordance with the Schedule ”.
8. For regulation 14 substitute—
14. The Schedule makes provision for the re-determination of the contract price for a qualifying defence contract.”
9. In regulation 39, in paragraph (4)(d), for “under regulation 14” substitute “ in accordance with the Schedule ”.
10. In regulation 51, in paragraph (2)(a), for “(regulation 14)” substitute “ (see the Schedule) ”.
11. In regulation 56, in paragraph (1), after “Schedule 5”, insert “ to the Act ”.
12. In regulation 65—
(a)omit paragraph (7);
(b)after paragraph (15) (as inserted by these Regulations), insert—
“(16) The Schedule (re-determination of contract price) has effect as if, in the definition of “the parties”, for “Secretary of State” there were substituted “ contracting authority ”.”
13. At the end, insert the Schedule (re-determination of contract price) set out in the Schedule to these Regulations.
14.—(1) Where the price payable under a qualifying defence contract M2 or qualifying sub-contract M3 is re-determined under regulation 14 of the 2014 Regulations before 1st April 2019 (“the existing price”), the existing price is to be treated, on and after that date, for the purposes of those Regulations as if it had been determined in accordance with the Schedule to those Regulations (as inserted by these Regulations).
(2) In addition, for the purposes of the following provisions of the 2014 Regulations as they apply to that contract on and after 1st April 2019, any reference in those provisions to the time of agreement is to be read as a reference to the date on which the existing price was determined—
(a)regulation 16(9)(a);
(b)regulation [F118(3)];
(c)regulation 19(3)(a) [F2and (b)].
(3) But paragraph (2) ceases to apply if the price payable under the contract is re-determined in accordance with the Schedule to the 2014 Regulations on or after 1st April 2019.
Textual Amendments
F1Word in reg. 14(2)(b) substituted (1.9.2019) by The Single Source Contract (Amendment) Regulations 2019 (S.I. 2019/1106), regs. 1, 24(2)(a)
F2Words in reg. 14(2)(c) inserted (1.9.2019) by The Single Source Contract (Amendment) Regulations 2019 (S.I. 2019/1106), regs. 1, 24(2)(b)
Marginal Citations
M2“Qualifying defence contract” has the meaning given by section 14(2) of the Defence Reform Act 2014.
M3“Qualifying sub-contract” has the meaning given by section 28(2) of the Defence Reform Act 2014.
Stuart Andrew
Minister for Defence Procurement
Ministry of Defence
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: