Defence Reform Act 2014

1. Introductory Text

2. Part 1 Defence procurement

   1. Defence procurement arrangements

      1. 1. Arrangements for providing defence procurement services

      2. 2. Financial assistance

      3. 3. Financial claims against contractors or former contractors

      4. 4. Exemptions relating to premises used by a contractor

      5. 5. Jurisdiction of Ministry of Defence Police

      6. 6. Status of contractor

      7. 7. Restrictions on disclosure or use of information

      8. 8. Intellectual property rights

   2. Transfers

      1. 9. Transfer of employees: application of TUPE regulations

      2. 10. Transfer schemes

   3. General

      1. 11. Financial provisions

      2. 12. Interpretation of this Part

3. Part 2 Single source contracts

   1. Single Source Regulations Office

      1. 13. Single Source Regulations Office (or “SSRO”)

   2. Qualifying defence contracts

      1. 14. Regulations relating to qualifying defence contracts

   3. Pricing of contracts

      1. 15. Pricing of contracts

      2. 16. Pricing of contracts: supplementary

      3. 17. Contract profit rate

      4. 18. Contract profit rate: supplementary

      5. 19. Rates etc relevant to determining contract profit rate

      6. 20. Allowable costs

      7. 21. Final price adjustment

      8. 22. Recovery of unpaid amounts

   4. Transparency

      1. 23. Records

      2. 24. Reports on qualifying defence contracts

      3. 25. Reports on overheads and forward planning etc

      4. 26. Duty to report relevant events, circumstances and information

      5. 27. Records and reports: restrictions

   5. Sub-contracts

      1. 28. Qualifying sub-contracts

      2. 29. Determining whether a contract is a qualifying sub-contract

      3. 30. Application of Part to qualifying sub-contracts

   6. Compliance

      1. 31. Compliance notice

      2. 32. Penalty notice

      3. 33. Amount of penalty

      4. 34. Enforcement

   7. SSRO: other functions

      1. 35. Opinions and determinations

      2. 36. Recording, review and analysis functions

      3. 37. Provision of other services to Secretary of State

   8. Disclosure of information

      1. 38. Disclosure of information

   9. Review

      1. 39. Review of Part and regulations under it

      2. 40. Power to repeal Part

   10. General

       1. 41. Single source contract regulations: time limits and determinations

       2. 42. Single source contract regulations: general

       3. 43. Interpretation etc

4. Part 3 Reserve forces

   1. 44. Renaming of Army Reserve and Territorial Army

   2. 45. Call out of members of reserve forces

   3. 46. Payments to employers etc of members of reserve forces

   4. 47. Report on volunteer reserve forces

   5. 48. Unfair dismissal of reserve forces: no qualifying period of employment

5. Part 4 Final provisions

   1. 49. Extent

   2. 50. Commencement

   3. 51. Short title

6. SCHEDULES

   1. SCHEDULE 1

      Exemptions relating to premises used by a contractor

      1. Introduction

         1. 1. In this Schedule— “relevant premises” means any premises used by...

      2. Landlord and Tenant Act 1954 (c. 56)

         1. 2. Part 2 of the Landlord and Tenant Act 1954 (security...

      3. Nuclear Installations Act 1965 (c. 57)

         1. 3. (1) For the purposes of sections 1 and 2 of...

      4. Health and Safety at Work etc Act 1974 (c. 37)

         1. 4. (1) The Secretary of State may by order exempt a...

      5. Radioactive Substances Act 1993 (c. 12)

         1. 5. The Radioactive Substances Act 1993 has effect, in relation to...

      6. Environmental Permitting (England and Wales) Regulations 2016

         1. 6. The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)...

      7. Power to create other exemptions

         1. 7. (1) The Secretary of State may by order provide for...

      8. Orders under this Schedule

         1. 8. (1) Orders under this Schedule are to be made by...

   2. SCHEDULE 2

      Restrictions on disclosure or use of information

      1. Introduction

         1. 1. (1) This Schedule applies where the disclosure or use of...

      2. Disclosure between the parties etc

         1. 2. (1) The obligation does not prevent or penalise the disclosure...

      3. Disclosure and use for audit purposes

         1. 3. (1) The obligation does not prevent or penalise the disclosure...

      4. Unauthorised disclosure of information

         1. 4. (1) This paragraph applies where— (a) information is disclosed to...

      5. Unauthorised use of information

         1. 5. (1) This paragraph applies where— (a) information is disclosed in...

      6. Interpretation: general

         1. 6. In this Schedule— “ancillary services” means services certified by the...

   3. SCHEDULE 3

      Transfer schemes under section 10

      1. Transfer of property, rights and liabilities

         1. 1. (1) On the transfer date, the designated property, rights and...

      2. Provision that may be made by a transfer scheme

         1. 2. (1) A transfer scheme may make provision—

      3. Compensation

         1. 3. A transfer scheme may contain provision for the payment of...

      4. Foreign property

         1. 4. (1) Where a transfer scheme transfers foreign property or a...

      5. Incidental etc provision

         1. 5. A transfer scheme may— (a) include incidental, supplementary and consequential...

      6. Modification of transfer schemes

         1. 6. (1) The Secretary of State may modify a transfer scheme....

      7. Interpretation etc

         1. 7. In this Schedule— “designated”, in relation to a transfer scheme,...

   4. SCHEDULE 4

      Single Source Regulations Office

      1. Membership

         1. 1. (1) The SSRO is to consist of the following members—...

      2. Executive members: appointment and status

         1. 2. (1) The executive members of the SSRO are to be...

      3. Non-executive members: tenure

         1. 3. (1) A person holds and vacates office as a non-executive...

      4. Suspension from office

         1. 4. (1) This paragraph applies where a person is suspended under...

         2. 5. (1) Where a person is suspended from office as the...

      5. Payment of non-executive members

         1. 6. The SSRO may, with the approval of the Secretary of...

      6. Staff etc

         1. 7. (1) The SSRO may appoint employees. (2) The SSRO may...

         2. 8. (1) The SSRO may make arrangements— (a) for persons to...

      7. Superannuation

         1. 9. (1) In Schedule 1 to the Superannuation Act 1972 (kinds...

      8. Procedure

         1. 10. (1) The SSRO may determine its own procedure; but this...

      9. Committees

         1. 11. (1) The SSRO— (a) may appoint committees, and

      10. Accounts and audit

          1. 12. (1) The SSRO must— (a) keep proper accounts and proper...

      11. Annual report

          1. 13. (1) The SSRO must prepare a report on its activities...

      12. Powers

          1. 14. (1) The SSRO may do anything which is calculated to...

      13. Seal and evidence

          1. 15. (1) The application of the SSRO's seal must be authenticated...

      14. Finance

          1. 16. (1) The Secretary of State may make to the SSRO...

      15. Status

          1. 17. (1) The SSRO is not to be regarded—

      16. Parliamentary Commissioner

          1. 18. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

      17. Disqualification

          1. 19. In Part 2 of Schedule 1 to the House of...

          2. 20. In Part 2 of Schedule 1 to the Northern Ireland...

      18. Freedom of information

          1. 21. In Part 6 of Schedule 1 to the Freedom of...

   5. SCHEDULE 5

      Restrictions on disclosing information

      1. Information to which Schedule applies

         1. 1. (1) This Schedule applies to information if—

      2. Offence of disclosing information

         1. 2. (1) A person commits an offence if the person discloses...

      3. Disclosure with consent

         1. 3. Paragraph 2(1) does not apply to a disclosure made with...

      4. Disclosure of information already available to public

         1. 4. Paragraph 2(1) does not apply to information that has been...

      5. Other permitted disclosures

         1. 5. (1) Paragraph 2(1) does not apply where information is disclosed—...

      6. Power to prohibit disclosure

         1. 6. (1) The Secretary of State may by order—

   6. SCHEDULE 6

      Call out of members of reserve forces: transitional classes

      1. 1. The Reserve Forces Act 1996 is amended as follows.

      2. 2. (1) Section 129 (application of Act to persons currently serving...

      3. 3. In the heading of that section, for “persons currently serving...

      4. 4. (1) Schedule 9 (application of Act to transitional members) is...

      5. 5. In the heading of Schedule 9, for “transitional members” substitute...

   7. SCHEDULE 7

      Payments to employers etc of members of reserve forces: supplementary

      1. Reserve Forces Act 1996 (c. 14)

         1. 1. The Reserve Forces Act 1996 is amended as follows.

         2. 2. In the heading before section 83, for “call out or...

         3. 3. In the headings of sections 83 and 84, after “in...

         4. 4. (1) Section 85 (regulations under section 83 or 84: supplementary)...

         5. 5. Accordingly, in the heading of section 85, for “or 84”...

         6. 6. (1) Section 86 (power to suspend payments due to national...

         7. 7. In section 87 (offences in connection with claims for payments),...

         8. 8. In section 89(2) (jurisdiction and powers of reserve forces appeal...

         9. 9. In Schedule 9 (application of Act to transitional members), in...

      2. Transitional provision

         1. 10. In paragraphs 11 and 12, “a section 84A offence” means...

         2. 11. A section 84A offence is to be treated for the...

         3. 12. (1) This paragraph applies if section 85(1) of the Legal...