{
  "url": "https://openlegislation.uk/procurement-act-2023/schedule-7/paragraph-12",
  "json_url": "https://openlegislation.uk/procurement-act-2023/schedule-7/paragraph-12.json",
  "legislation": "ukpga/2023/54",
  "legislation_title": "Procurement Act 2023",
  "legislation_url": "https://openlegislation.uk/procurement-act-2023",
  "path": "schedule/7/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": "Breach of contract and poor performance",
  "text": "(1) A discretionary exclusion ground applies to a supplier if—\n(a) the supplier has breached a relevant contract, and\n(b) the breach was sufficiently serious.\n(2) A discretionary exclusion ground applies to a supplier if—\n(a) a court has ruled that the supplier breached a relevant contract, and\n(b) the breach was sufficiently serious.\n(3) A discretionary exclusion ground applies to a supplier if the supplier—\n(a) has not performed a relevant contract to the regulated authority’s satisfaction,\n(b) was given proper opportunity to improve performance, and\n(c) failed to do so.\n(4) A discretionary exclusion ground applies to a supplier if a contracting authority has published information under section 71(5) in respect of the supplier (information concerning either breach or poor performance).\n(5) For the purposes of this paragraph, a breach of a contract is “sufficiently serious” if it results in—\n(a) termination (or partial termination) of the contract,\n(b) the award of damages,\n(c) a settlement agreement between the supplier and the regulated authority.\n(6) In this paragraph—\n“regulated authority” means—\n(a)a contracting authority,\n(b)another public authority, or\n(c)an authority outside the United Kingdom that the decision-maker considers to be equivalent;\n“relevant contract” means a contract to which a regulated authority is party.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Sch. 7 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))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 7 para. 12 not in force at Royal Assent, see s. 127(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 7 para. 12 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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/54/schedule/7/paragraph/12",
    "retrieved_at": "2026-10-29T08:50:42.097136+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}