Proposed guidance on requiring the payment of referral-related costs
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Detail of outcome
From May to July 2021 the SSRO consulted on draft guidance explaining when and how it may exercise its power under Section 35(4) of the Defence Reform Act to require the payment of costs by one party to another when giving an opinion or making a determination. We received five responses to the consultation. Our consultation response document explains how we have taken account of the feedback provided. The Guidance on requiring the payment of referral-related costs has now been published and applies to referrals received on or after 1 November 2021.
Feedback received
Original consultation
Consultation description
The Defence Reform Act 2014 provides that the SSRO may, when giving an opinion or making a determination on matters referred to it under the Act, require a payment by one party to another of such costs as the SSRO considers appropriate. The SSRO expects that in most referrals there should be no need to require the payment of referral-related costs by one party to another. It is important, however, that the prospective parties to referrals understand the circumstances in which they may ask the SSRO to consider a claim for costs and the procedures the SSRO will follow when deciding whether a payment is required. Accordingly, the SSRO is now consulting on draft guidance that will direct how it exercises its power in this area.
The consultation runs until 2 July 2021. Written responses should be sent by email to: consultations@ssro.gov.uk.
This consultation is open to all interested persons. We particularly welcome comments from individuals or organisations with an interest in single source defence procurement and ensuring that good value for money is obtained in government expenditure on qualifying contracts and that the prices paid under these contracts are fair and reasonable.
The SSRO welcomes the opportunity to meet with stakeholders to discuss the proposals during the consultation period. If you wish to arrange such a meeting, please contact us at the earliest opportunity via david.pottruff@ssro.gov.uk.
Documents
Updates to this page
Last updated 27 October 2021 + show all updates
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Consultation outcome published
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First published.