Moved by
Baroness Bloomfield of Hinton Waldrist
24: Clause 9, page 7, line 10, after “contract” insert “of the same kind (or at all)”
Member’s explanatory statement
This amendment and the other Government amendments to this clause would ensure that one contract cannot benefit from the exceptions applicable to more than one special regime in circumstances where the contract could reasonably be split into more than one contract falling within different regimes.
25: Clause 9, page 7, line 20, after “contract” insert “of the same kind (or at all)”
Member’s explanatory statement
This amendment would do the same as the Government amendment to subsection (1) of this Clause, but for frameworks.
26: Clause 9, page 7, line 25, leave out from “apply” to “the” in line 26 and insert “to prevent the contract from being treated as a defence and security contract if”
Member’s explanatory statement
This amendment is consequential on the Government amendments to subsections (1) and (2) of this clause, and ensures that a contract falling within more than one special regime but that is capable of being a defence and security contract would still be categorised as a defence and security contract.
27: Clause 9, page 7, line 36, at end insert—
“and a reference to a special regime contract of a particular kind is a reference to a special regime contract of a kind described in paragraph (a), (b), (c) or (d).”
Member’s explanatory statement
This amendment would define concepts inserted by the Government amendments to subsections (1) and (2) of this clause.
28: Clause 9, page 7, line 37, leave out from “determining” to end of line 38 and insert “whether a contract is a public contract”
Member’s explanatory statement
This amendment is consequential on the other Government amendments to this clause and would ensure that the proposition in subsection (3) does not apply when determining whether a contract is a public contract under clause 2 and Schedule 1.