To ask the Secretary of State for Business, Enterprise and Regulatory Reform whether the standard terms and conditions of purchase used by his Department in procurement of goods and services from the private sector prohibit the assignment of debt. (172325)

There is no express provision in the Department's standard terms and conditions of purchase prohibiting the assignment of debt. The Department's standard terms and conditions of purchase do however include a prohibition on the contractor giving, bargaining, selling, assigning, subcontracting or otherwise disposing of the contract or any part thereof without the previous agreement in writing of the Department. Accordingly a contractor may not assign its debts under the contract without such approval from the Department. This reflects the OGC recommended provision in this regard.