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Section 63 Debarment decisions: interim reliefI1I2C1

United Kingdom

(1)

A supplier may apply to the court for suspension of the Minister’s decision to enter the supplier’s name on the debarment list.

(2)

Proceedings under subsection (1) must be brought during the debarment standstill period.

(3)

The court may make an order to—

(a)

suspend the Minister’s decision to enter the supplier’s name on the debarment list until—

(i)

the period referred to in subsection (2)(c) of section 65 (appeals) ends without proceedings having been brought, or

(ii)

proceedings under that section are determined, discontinued or otherwise disposed of, and

(b)

if relevant, require that an entry in respect of the supplier be temporarily removed from the debarment list.

(4)

In considering whether to make an order under subsection (3), the court must have regard to—

(a)

the public interest in, among other things, ensuring that public contracts are not awarded to suppliers that pose a risk,

(b)

the interest of the supplier, including in relation to the likely financial impact of not suspending the decision, and

(c)

any other matters that the court considers appropriate.

(5)

In this section—

  • “the court” means—

    1. in England and Wales, the High Court,

    2. in Northern Ireland, the High Court, and

    3. in Scotland, the Court of Session;

  • “debarment standstill period” has the meaning given in subsection (6) of section 62 (debarment list).

Annotations

Modifications

C1

Ss. 61-66 applied (with modifications) (24.2.2025) by S.I. 2023/1348, reg. 20D(2) (as inserted by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 28(5) (with reg. 34))

Commencement

I1

S. 63 not in force at Royal Assent, see s. 127(2)

I2

S. 63 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))