Section 27 Exclusion of economic operators on grounds of criminal activityI1

(1)

The Scottish Ministers may by regulations require a contracting authority to exclude an economic operator from a regulated procurement (other than F1a higher value regulated procurement) if any of the following have been convicted of an offence specified in the regulations—

(a)

the economic operator,

(b)

a director, secretary, office-holder, or partner of the economic operator, or

(c)

another person having powers of representation, decision-making or control in relation to the economic operator.

(2)

Regulations under this section may make provision—

(a)

specifying evidence that is to be conclusive in determining whether or not a person has been convicted of an offence,

(b)

specifying circumstances in which a contracting authority may award a contract to an economic operator despite being otherwise prohibited from doing so under the regulations.

Annotations

Textual amendments

F1: Words in s. 27(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)

Commencement

I1: S. 27 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)