41Restriction on execution of works, etc. by unqualified persons
(1)A public authority shall not enter into any contract to which subsection (2) or (3) below applies.
(2)This subsection applies to a contract made by the public authority accepting an offer to execute any work or supply any goods or services where the offer is made—
(a)by an unqualified person, and
(b)in response to an invitation by the public authority to submit offers.
(3)This subsection applies to a contract falling within a class or description for the time being specified in an order made by the Department, where work is to be executed or goods or services supplied by any unqualified person.
(4)Where a public authority enters into a contract—
(a)made by the public authority accepting an offer made by any person, being an offer made in response to an invitation by the public authority to submit offers, or
(b)falling within a class or description for the time being specified for the purposes of subsection (3) above,
the public authority shall take all such steps as are reasonable to secure that no work is executed or goods or services supplied for the purposes of the contract by any unqualified person.
(5)An order under subsection (3) above may frame any class or description of contract by reference to—
(a)any work to be executed or goods or services to be supplied under the contract,
(b)any amounts to be paid under or in connection with the contract,
(c)any terms of the contract, and
(d)any surrounding circumstances,
and by reference to such other factors as the Department thinks fit.
(6)Nothing in this section affects the validity of any contract.
(7)This section does not apply to the execution of any work, or the provision of any goods or services, by any person which is certified in writing to be necessary or desirable—
(a)by the Secretary of State for the purpose of safeguarding national security or protecting public safety or public order, or
(b)by the Secretary of State, by the Department or, after consultation with the Department, by any other Northern Ireland department—
(i)for the purpose of securing works, goods or services which could not otherwise be secured without disproportionate expense, or
(ii)in the public interest.
(8)This section applies to any contract, whether or not it is governed by the law of Northern Ireland.