Regulation 16 Excluded undertakings

United Kingdom

(1)

The following are not relevant undertakings—

(a)

a public body,

(b)

an undertaking F1that is subject to insolvency proceedings during the period beginning with the qualification date and ending with the compliance date, or,

F2(c)

a small or medium undertaking which is a relevant undertaking in accordance with regulation 15(1)(b), where, during the period beginning with the qualification date and ending with the compliance date—

(i)

the large undertaking, in relation to which the undertaking is a group undertaking, is subject to insolvency proceedings, and

(ii)

there is no other large undertaking—

(aa)

in relation to which the undertaking is a group undertaking, and

(bb)

which is not subject to insolvency proceedings.

(2)

In this regulation—

F3(a)

“insolvency proceedings” means any proceedings under Parts A1 to 6 of the Insolvency Act 1986 or Parts 1A to 7 of the Insolvency (Northern Ireland) Order 1989 (as the case may be);

F4(b)

“public body” means—

(i)

a public authority within the meaning of the Procurement Act 2023 (see section 2 of that Act) that is not an excluded authority within the meaning of section 2(5)(a), (c) or (d) of that Act, but as if in section 2(5)(d)(ii) the reference to paragraph (b) were omitted, or

(ii)

in respect of a devolved Scottish authority, a contracting authority as defined in regulation 2(1) of the Public Contracts (Scotland) Regulations 2015;

(c)

“devolved Scottish authority” has the same meaning as in section 2(6) of the Procurement Act 2023.

Annotations

Textual amendments

F1: Words in reg. 16(1)(b) substituted (22.7.2026) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2026 (S.I. 2026/701), regs. 1(2), 6(2)
F2: Reg. 16(1)(c) inserted (22.7.2026) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2026 (S.I. 2026/701), regs. 1(2), 6(3)
F3: Reg. 16(2)(a) substituted (22.7.2026) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2026 (S.I. 2026/701), regs. 1(2), 6(4)
F4: Reg. 16(2)(b)(c) substituted for reg. 16(2)(b) (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 18(2)