SSRO: other functions

(1)

The SSRO must, on a reference made to it by a person mentioned in subsection (2)—

1. give an opinion on a matter relating to a qualifying defence contract or a proposed qualifying defence contract, where the matter is specified for the purposes of this paragraph [Refer: regulation 51] , or
2. make a determination in relation to such a matter, where the matter is specified for the purposes of this paragraph [Refer: regulation 52] .

(2)

The persons referred to in subsection (1) are—

1. the Secretary of State;
2. an authorised person;
3. the primary contractor (in the case of a qualifying defence contract);
4. the person who proposes to enter into the contract with the Secretary of State (in the case of a proposed contract).

(3)

The SSRO may give an opinion on any matter relating to—

1. a qualifying defence contract, on a reference made to it by the Secretary of State and the primary contractor;
2. a proposed qualifying defence contract, on a reference made to it by the Secretary of State and the other proposed party to the contract.

(4)

When giving an opinion or making a determination in relation to any matter under or by virtue of this Part, the SSRO may require the payment of such costs as the SSRO considers appropriate—

1. in the case of a qualifying defence contract, by one party to the contract to the other, or
2. in the case of a proposed contract, by one proposed party to the contract to the other.

(5)

The costs that the Secretary of State may be required to pay under subsection (4) include, in particular, costs incurred by a primary contractor in taking a step specified in a compliance notice under section 31, where the SSRO determines that it was unreasonable for the primary contractor to be required to take that step.

(6)

Subsection (7) applies where, in the case of a contract entered into before the relevant date [18 December 2014], the contract requires the Review Board for Government Contracts to make a determination or give an opinion in relation to any matter referred to it.

(7)

If a party to the contract refers the matter after the relevant date [18 December 2014], the determination or opinion is to be made or given instead by the SSRO.

(1)

The SSRO must keep an up-to-date record of—

1. qualifying defence contracts and qualifying sub-contracts, and
2. the duration of those contracts.

Info: The SSRO publishes some statistics about qualifying contracts.

(2)

The SSRO must keep under review the extent to which persons subject to requirements under section 24 or 25 (reports) are complying with them.

Info: The SSRO publishes compliance reports about qualifying contracts.

(3)

The SSRO must, where requested to do so by the Secretary of State—

1. analyse reports provided to it under section 24 or 25, and
2. provide the results of such analysis to the Secretary of State or an authorised person.

(4)

In analysing reports provided to it under section 24 or 25, the SSRO may have regard to such matters (other than matters contained in the reports) as it considers appropriate.

(1)

The SSRO and the Secretary of State may make arrangements for the SSRO to provide assistance or other services to the Secretary of State or an authorised person.

(2)

Arrangements made under subsection (1)—

1. may in particular include arrangements for the SSRO to provide information relating to the results of analysis carried out by the SSRO under section 36(3), and
2. may provide for the making of payments by the Secretary of State to the SSRO.