OpenLegislation

Paragraph 15 Excluded mattersI1I2C1

United Kingdom

(1)

For the purpose of determining whether a discretionary exclusion ground applies to a supplier, the decision-maker must ignore any event that—

(a)

the decision-maker was aware of before the five-year period ending with the date on which the determination is made, or

(b)

a reasonably well-informed decision-maker in their position would have been aware of before that period.

This is subject to sub-paragraphs (2) and (4).

(2)

In determining whether a discretionary exclusion ground within sub-paragraph (3) applies to a supplier, the decision-maker must also ignore any event that—

(a)

the decision-maker was aware of before the three-year period ending with the date on which the determination is made, or

(b)

a reasonably well-informed decision-maker in their position would have been aware of before that period.

(3)

The grounds are those listed in—

(a)

paragraphs 5 and 6 (insolvency, bankruptcy etc);

(b)

paragraphs 7 to 10 (potential competition infringements);

(c)

paragraph 11 (professional misconduct);

(d)

paragraph 12(1) or (2) (breach of contract);

(e)

paragraph 12(4) (adverse information about supplier published by contracting authority), where the information is published in relation to a breach of contract;

(f)

paragraph 13 (acting improperly in a procurement).

(4)

In determining whether a discretionary exclusion ground listed in any of the following paragraphs applies to a supplier, the decision-maker must also ignore any event that occurred before the coming into force of this Schedule—

(a)

paragraphs 1 to 3 (labour market misconduct);

(b)

paragraph 4 (environmental misconduct);

(c)

paragraph 12(3) (poor performance);

(d)

paragraph 12(4) (adverse information about supplier published by contracting authority), where the information is not published in relation to a breach of contract;

(e)

paragraph 14 (national security).

Annotations

Modifications

C1

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))

Commencement

I1

Sch. 7 para. 15 not in force at Royal Assent, see s. 127(2)

I2

Sch. 7 para. 15 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))