Defence Reform Act 2014

30 Application of Part to qualifying sub-contracts

(1) This Part and single source contract regulations apply to qualifying sub-contracts (and to sub-contractors) as they apply to qualifying defence contracts (and to primary contractors).

(2) In their application by virtue of subsection (1), this Part and single source contract regulations are subject to—

(a) such modifications as may be set out in those regulations, and

(b) subsection (5).

(3) The regulations—

(a) may provide for the application of this Part and the regulations, by virtue of subsection (1), to end at a time specified by or determined in accordance with the regulations;

(b) may, in making such provision, provide for determining when this Part and the regulations cease to apply to a qualifying sub-contract which is—

(i) partly for the purposes of a qualifying defence contract or another qualifying sub-contract, and

(ii) partly for other purposes.

(4) The provision that may be made under subsection (3)(b) includes provision—

(a) for the sub-contractor to give notice to the SSRO that, in the sub-contractor’s opinion, this Part and the regulations should cease to apply to the qualifying sub-contract, and

(b) for the SSRO to be able to overrule such a notice (and accordingly for this Part and the regulations to continue to apply).

(5) The regulations may contain provision excluding the application of this Part and the regulations, by virtue of subsection (1), to a qualifying sub-contract in respect of which no notice is given under section 29(2)(b) or (4)(b).