OpenLegislation

Section 37 Dynamic markets: removing members from the marketI1I2

United Kingdom

(1)

A contracting authority must remove a supplier from a dynamic market if the authority considers that the supplier is an excluded supplier under section 57(1)(b) (debarment by reference to mandatory exclusion ground).

(2)

A contracting authority may remove a supplier from a dynamic market if—

(a)

the authority considers that the supplier—

(i)

is an excluded supplier under section 57(1)(a),

(ii)

does not satisfy the conditions for membership, or

(iii)

has, since becoming a member, become an excludable supplier, or

(b)

the authority discovers that, on becoming a member, the supplier was an excludable supplier.

(3)

The reference to a supplier becoming an excludable supplier includes a reference to a supplier becoming an excludable supplier by virtue of a discretionary exclusion ground that—

(a)

did not apply before the supplier became a member, or

(b)

applied before the supplier became a member by reference to different circumstances.

(4)

Before removing a supplier from a dynamic market, a contracting authority must inform the supplier of its decision to do so, together with reasons for the decision.

Annotations

Commencement

I1

S. 37 not in force at Royal Assent, see s. 127(2)

I2

S. 37 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))