Paragraph 35 National securityI1I2C1
United Kingdom
A mandatory exclusion ground applies to a supplier in relation to contracts of a particular description if an appropriate authority determines that the supplier or a connected person—
poses a threat to the national security of the United Kingdom, and
would pose such a threat in relation to public contracts of that description.
In sub-paragraph (1)—
the reference to an appropriate authority is a reference to the appropriate authority that is considering whether the exclusion ground applies;
the reference to a particular description includes, for example, a description by reference to—
the goods, services or works being supplied;
the location of the supply;
the contracting authority concerned.
Sub-paragraph (1) applies only for the purpose of an appropriate authority’s functions under sections 59 to 66 (debarment), and cannot otherwise be relied on by a contracting authority when considering whether a supplier is an excluded supplier under section 57(1)(a).
Annotations
Modifications
- C1
Sch. 6 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))
Commencement
- I1
Sch. 6 para. 35 not in force at Royal Assent, see s. 127(2)
- I2
Sch. 6 para. 35 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))