69.4  Refusal of Consent

The Authority shall be entitled to refuse to give consent pursuant to clause 69.3(a) where, in the Authority's reasonable opinion:

(a)  if the replacement sub-contract does not include provisions acceptable to the Authority (acting reasonably) in respect of the assignment of the sub-contract.  Provided that reasonable provisions allowing an assignment for the purposes of a bona fide internal restructuring within the replacement sub-contractor's group of companies shall be deemed to be acceptable to the Authority (provided that the relevant assignee remains within the sub-contractor's group of companies and that if it ceases to be such a group company there are appropriate obligations requiring the assignee to assign the sub-contract to a company within the relevant sub-contractor's group of companies);

(b)  the replacement sub-contract contains terms materially less advantageous to the Authority;

(c)  the proposed replacement sub-contractor does not allocate adequate resources to health and safety and/or does not have the ability or commitment to comply with all health and safety Legislation including but not limited to the CDM Regulations; or

(d)  the proposed sub-contractor does not have the competence, technical ability or sufficient financial standing to satisfactorily carry out the Services proposed to be sub-let or sub-contracted to it; or

(e)  the proposed sub-contractor will not fully and properly perform all the duties, obligations or responsibilities of the Service Provider;

(f)  the proposed sub-contractor is not (so far as applicable to the sub-contractor's obligations under the replacement sub-contract) subject to provisions equivalent to those set out in the Payment Mechanism; or

(g)  the proposed sub-contractor is not being engaged in accordance with terms and conditions which are consistent with Good Industry Practice.