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41.—(1) Where a contracting authority—
(a)is not a Minister of the Crown or a government department; and
(b)is required in accordance with these Regulations to send a report to the Office of Government Commerce;
it shall instead send the report to the Minister responsible for that contracting authority and that Minister shall be responsible for sending the report to the Office of Government Commerce.
(2) The Minister responsible for a contracting authority shall be the Minister of the Crown whose areas of responsibility are most closely connected with the functions of the contracting authority.
(3) Any question as to which Minister of the Crown’s areas of responsibility are most closely connected with the functions of a contracting authority in accordance with paragraph (2) shall be determined by the Office of Government Commerce whose determination is final.
(4) The requirement on a contracting authority to send any report in accordance with paragraph (1) to the Minister of the Crown responsible for that contracting authority shall be enforceable, on the application of the Minister responsible to the High Court, by mandatory order.
(5) In the application of this regulation to Northern Ireland references to the Minister shall include references to the head of a Northern Ireland department.
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