OpenLegislation

Section 79 Terminating public contracts: national securityI1I2C1

United Kingdom

(1)

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—

(a)

the authority has notified a Minister of the Crown of its intention, and

(b)

the Minister considers that—

(i)

the supplier or sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and

(ii)

the contract should be terminated.

(2)

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.

(3)

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.

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))