PART 1Key definitions
I17Defence and security contracts
1
In this Act, “defence and security contract” means a contract for the supply of—
a
military equipment;
b
sensitive equipment;
c
goods, services or works necessary for the development, production, maintenance or decommissioning of military equipment or sensitive equipment;
d
logistics services relating to military equipment or sensitive equipment;
e
goods, services or works for wholly military purposes;
f
sensitive services or sensitive works;
g
goods, services or works that are otherwise relevant to the operational capability, effectiveness, readiness for action, safety or security of the armed forces.
2
3
A contract that is a defence and security contract only by virtue of subsection (1)(g) is not to be treated as a defence and security contract for the purposes of Schedule 1 (thresholds for application of this Act).
4
In this Act, “defence authority contract” means a defence and security contract awarded by a defence authority.
5
A “defence authority” is a contracting authority specified in regulations made by a Minister of the Crown.
6
A Minister of the Crown may only specify a contracting authority for the purposes of subsection (5) if the Minister considers that the authority exercises its functions wholly or mainly for the purposes of defence or national security.
7
In this section—
“classified information” means information or other material which—
- a
in the interests of national security, requires protection from unauthorised access, distribution, or destruction, or from other compromise, and
- b
on the basis of those interests, has that protection under the law of any part of the United Kingdom;
- a
“decommissioning”, in relation to equipment, includes—
- a
withdrawal of equipment from use;
- b
disposal or destruction of equipment;
- a
“development”, in relation to equipment, includes—
- a
research allowing for the development of equipment, and
- b
development of industrial processes allowing for the production of equipment;
- a
“equipment” includes any part, component or subassembly of equipment;
“maintenance”, in relation to equipment, includes—
- a
repair of equipment;
- b
modernisation of equipment;
- c
modifications to equipment;
- d
installing equipment, including after its transport to a new location;
- e
testing equipment;
- a
“military equipment” means equipment specifically designed or adapted for military purposes, including—
- a
arms, munitions or war material, and
- b
any of the military goods, software and technology the export or transfer of which is controlled by virtue of Schedule 2 to the Export Control Order 2008 (S.I. 2008/3231), as amended from time to time;
- a
“sensitive equipment” means equipment for use for security purposes where—
- a
the use or supply of the equipment may involve dealing with classified information,
- b
the supply of the equipment requires access to a physical site or to other equipment as a result of which classified information is likely to be accessible to the supplier, or
- c
the equipment contains classified information;
- a
“sensitive services” means services performed for security purposes where performing the services—
- a
involves dealing with classified information, or
- b
requires access to a physical site or to equipment as a result of which sensitive equipment or classified information is likely to be accessible to the supplier,
and includes the training of personnel to use sensitive equipment;
- a
“sensitive works” means works undertaken for security purposes, where undertaking the works—
- a
involves dealing with classified information, or
- b
requires access to a physical site or to equipment as a result of which sensitive equipment or classified information is likely to be accessible to the supplier;
- a
“supply”, in relation to equipment, other goods, services or works, includes the development of the equipment, other goods, services or works for the purposes of their supply to the contracting authority;
“wholly military purposes” include—
- a
the transportation of military personnel or military equipment;
- b
the training of military personnel;
- c
the training of other personnel to use military equipment;
- d
the construction of military facilities, including military airfields, military storage facilities or facilities for the maintenance of military equipment.
- a