# Procurement Act 2023, Section 29: Excluding a supplier that is a threat to national security

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

(1) This section applies if a relevant contracting authority intends to disregard a tender under section 26 or 28 or exclude a supplier under section 27 or 28 on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 (threat to national security).
(2) The contracting authority may not disregard the tender, exclude the supplier or notify the supplier of its intention unless—
(a) the authority has notified a Minister of the Crown of its intention, and
(b) the Minister of the Crown considers that—
(i) the supplier or an intended sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and
(ii) the tender should be disregarded or supplier excluded.
(3) The reference in subsection (2) to a contracting authority notifying a supplier of its intention is a reference to notification in accordance with section 26(3), 27(4) or 28(5).
(4) In this section, a “relevant contracting authority” means a contracting authority other than—
(a) a Minister of the Crown or a government department,
(b) the Corporate Officer of the House of Commons, or
(c) the Corporate Officer of the House of Lords.

---
Source: https://www.legislation.gov.uk/ukpga/2023/54/section/29 (the official version)
Page: https://openlegislation.uk/procurement-act-2023/section-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.