40. Investigation of procurement functions
(1) In this section "a Minister" means the Minister for the Cabinet Office or the Secretary of State.
(2) A Minister may investigate the exercise by a contracting authority of relevant functions relating to procurement.
(3) A Minister may by notice require a contracting authority to provide such documents or other information, in such form or manner as the Minister may direct, as the Minister may require for the purposes of an investigation under this section.
(4) A contracting authority must -
(a) give a Minister such assistance with an investigation as is reasonable in all the circumstances of the case;
(b) comply with a notice under subsection (3) before the end of the period of 30 days beginning with the day on which the notice is given.
(5) In this section -
"contracting authority" has the same meaning as in section 39, but does not include a Minister of the Crown or a government department;
"a relevant function relating to procurement" is a function to which -
(a) the Public Contracts Regulations 2006 (S.I. 2006/5) apply, disregarding for this purpose the operation of regulation 8 (thresholds),
(b) the Defence and Security Public Contracts Regulations 2011 (S.I. 2011/1848) apply, disregarding for this purpose the operation of regulation 9 (thresholds),