Section 23(5)

For the purpose of deciding whether the proportion of one-quarter mentioned in subsection (3) or (4) , or of 33 per cent mentioned in subsection (4D), is fulfilled with respect to goods or (as the case may be) services of any description, the decision-making authority shall apply such criterion (whether value, cost, price, quantity, capacity, number of workers employed or some other criterion, of whatever nature), or such combination of criteria, as the decision-making authority considers appropriate.

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Source: legislation.gov.uk · retrieved 2026-09-04