# Procurement Act 2023, Paragraph 15: Excluded matters

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

(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).

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Source: https://www.legislation.gov.uk/ukpga/2023/54/schedule/7/paragraph/15 (the official version)
Page: https://openlegislation.uk/procurement-act-2023/schedule-7/paragraph-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.