Regulation 4 Amendment of regulation 7 (contracts that may not be qualifying defence contracts)

In regulation 7(b), after “programme” insert “, except where the parties to any such contract agree that it is a contract which should be a qualifying defence contract”.

Omit regulation 7(c)(iii).

After regulation 7(c) insert—

“(d)

in relation to which compliance with Part 4, 5 or 6 of the Regulations (records and reports), or section 26 of the Act (duty to report relevant events, circumstances and information), would require disclosure of information which the Secretary of State considers would create a risk to national security; or

(e)

falling within sub-paragraph (f) below;

(f)

a contract (B) falls within this sub-paragraph if—

(i)

B is a contract to which the Secretary of State is a party,

(ii)

B replaced a contract (A),

(iii)

the purpose of B is to ensure the performance of contractual obligations which were to be performed under A,

(iv)

the Secretary of State was a party to A, but it was not a qualifying defence contract, and

(v)

B is in all material respects (save for the identity of any party to the contract other than the Secretary of State) identical to A.”.