OpenLegislation

Section 81 Conflicts of interest: duty to identifyI1I2C1

United Kingdom

(1)

A contracting authority must take all reasonable steps to identify, and keep under review, in relation to a covered procurement any—

(a)

conflicts of interest, or

(b)

potential conflicts of interest.

(2)

There is a conflict of interest in relation to a covered procurement if—

(a)

a person acting for or on behalf of the contracting authority in relation to the procurement has a conflict of interest, or

(b)

a Minister acting in relation to the procurement has a conflict of interest.

(3)

A person who influences a decision made by or on behalf of a contracting authority in relation to a covered procurement is to be treated as acting in relation to the procurement.

(4)

In this section—

  • “interest” includes a personal, professional or financial interest and may be direct or indirect;

  • “Minister” means—

    1. a Minister of the Crown;

    2. a member of the Welsh Government;

    3. the First Minister, deputy First Minister or a Northern Ireland Minister;

  • “member of the Welsh Government” means a person referred to in section 45 of the Government of Wales Act 2006.

Annotations

Modifications

C1

S. 81 applied (with modifications) (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. 81 not in force at Royal Assent, see s. 127(2)

I2

S. 81 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))