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Paragraph 35 National securityI1I2C1

United Kingdom

(1)

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—

(a)

poses a threat to the national security of the United Kingdom, and

(b)

would pose such a threat in relation to public contracts of that description.

(2)

In sub-paragraph (1)—

(a)

the reference to an appropriate authority is a reference to the appropriate authority that is considering whether the exclusion ground applies;

(b)

the reference to a particular description includes, for example, a description by reference to—

(i)

the goods, services or works being supplied;

(ii)

the location of the supply;

(iii)

the contracting authority concerned.

(3)

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))