# Procurement Act 2023, Paragraph 35: National security

Extent: E+W+S+N.I.

(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).

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Source: https://www.legislation.gov.uk/ukpga/2023/54/schedule/6/paragraph/35 (the official version)
Page: https://openlegislation.uk/procurement-act-2023/schedule-6/paragraph-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.