Section 79 Terminating public contracts: national securityI1I2C1
United Kingdom
A relevant contracting authority may not terminate a contract by reference to the implied term in section 78 on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 (threat to national security) unless—
the authority has notified a Minister of the Crown of its intention, and
the Minister considers that—
the supplier or sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and
the contract should be terminated.
A relevant contracting authority may not terminate a contract by reference to the implied term in section 78 on the basis of the mandatory exclusion ground in paragraph 35 of Schedule 6 (threat to national security) unless the authority has notified a Minister of the Crown of its intention.
In this section, a “relevant contracting authority” means a contracting authority other than—
a Minister of the Crown or a government department,
the Corporate Officer of the House of Commons, or
the Corporate Officer of the House of Lords.
Annotations
Modifications
- C1
S. 79 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
S. 79 not in force at Royal Assent, see s. 127(2)
- I2
S. 79 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))