Review

Contents: These sections of the Defence Reform Act set out how and when the legislation is regularly reviewed, and how the Secretary of State's can repeal the whole regime.

39.

Review of Part and regulations under it

(1)

The SSRO must keep under review the provision made by—

  1. this Part, and
  2. single source contract regulations which are for the time being in force.

(2)

The SSRO may recommend to the Secretary of State such changes to the provision mentioned in subsection (1) as it considers appropriate.

Recommendations: The SSRO has made a number of recommendations for change:

(3)

Before the end of each review period, the Secretary of State must—

  1. carry out a review of the provision mentioned in subsection (1), and
  2. in doing so, have regard to any recommendations made under subsection (2) at least 6 months before the end of the review period.

(4)

In subsection (3), “review period” means—

  1. the period of 3 years beginning with the relevant date [ie ending on 18 December 2017];
  2. each subsequent 5-year period [ie ending on 18 December 2022, 2027, 2032, etc.].

Changes to the legislation: The MOD has not published the outcome of its 2017 review, but the legislation has been amended:

40.

Power to repeal Part

(1)

The Secretary of State may by order repeal this Part (apart from this section) [No such order has been made].

(2)

An order under subsection (1) may transfer the SSRO's property, rights and liabilities SSRO annual reports and accounts.

(3)

An order under subsection (1) may make consequential, supplementary, incidental or transitional provision.

(4)

An order under subsection (1) is to be made by statutory instrument.

(5)

An order under subsection (1) may not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Info: This process is referred to as the 'affirmative procedure'. The parliament.uk website includes information about secondary legislation and parliament's role in the process.

Note: The annotations on this page are applied to underlying text taken from legislation.gov.uk. Errors or ommisions can occur, or updates may not be reflected. Always check the source document.