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Section 43 Interpretation etcI1I2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Part—

  • “authorised person” means a person authorised by the Secretary of State;

  • F1“component” has the meaning given by section 15(6);

  • “financial year” means a year beginning with 1 April;

  • “primary contractor” has the meaning given by section 14(9);

  • “qualifying defence contract” has the meaning given by section 14(2);

  • “qualifying sub-contract” has the meaning given by section 28(2);

  • “relevant date” has the meaning given by section 14(9);

  • “single source contract regulations” has the meaning given by section 14(9);

  • “SSRO” means the Single Source Regulations Office;

  • “sub-contractor” has the meaning given by section 28(2).

(2)

In this Part—

(a)

references to the value of a contract—

(i)

are to its value as determined in accordance with single source contract regulations, and

(ii)

include references to its value as estimated in accordance with such regulations;

(b)

references to costs include references to—

(i)

costs as estimated in accordance with single source contract regulations;

(ii)

a combination of actual costs and costs as so estimated.

(3)

For the purposes of this Part, one person is “associated” with another if they are group undertakings in relation to each other.

(4)

In subsection (3), “group undertaking” has the meaning given by section 1161 of the Companies Act 2006.

(5)

So far as there is any inconsistency between a provision of this Part or regulations made under it (provision A) and a provision of a qualifying defence contract (provision B), provision A prevails.

Annotations

Textual amendments

F1

Words in s. 43(1) inserted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 8; S.I. 2024/61, reg. 2(1)(b)(iii) (with reg. 3)

Commencement

I1

S. 43 in force at 14.7.2014 for specified purposes by S.I. 2014/1751, art. 4(t)

I2

S. 43 in force at 5.12.2014 in so far as not already in force by S.I. 2014/3162, art. 3(e)