{
  "url": "https://openlegislation.uk/public-works-contracts-regulations-1991/regulation-14",
  "json_url": "https://openlegislation.uk/public-works-contracts-regulations-1991/regulation-14.json",
  "legislation": "uksi/1991/2680",
  "legislation_title": "The Public Works Contracts Regulations 1991",
  "legislation_url": "https://openlegislation.uk/public-works-contracts-regulations-1991",
  "path": "regulation/14",
  "kind": "regulation",
  "number": "14",
  "heading": "Criteria for rejection of contractors",
  "text": "–\n(1) A contracting authority may treat a contractor as ineligible to tender for, or to be included amongst those persons from whom it will make the selection of persons to be invited to tender for or to negotiate a public works contract in accordance with regulations 11(7), 12(4), and 13(7), or decide not to select a contractor to tender for or to negotiate a public works contract in accordance with regulations 12(5) and 13(8) on one of the following grounds, namely that the contractor–\n(a) being an individual is bankrupt or has had a receiving order or administration order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1968(), or article 242 of the Insolvency (Northern Ireland) Order 1989(), or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state;\n(b) being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for seques-tration of its estate;\n(c) being a company has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purposes of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of proceedings for any of the above procedures or is the subject of similar procedures under the law of any other state;\n(d) has been convicted of a criminal offence relating to the conduct of his business or profession;\n(e) has committed an act of grave misconduct in the course of his business or profession;\n(f) has not fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the member State in which the contractor is established;\n(g) has not fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom;\n(h) is guilty of serious misrepresentation in providing any information required of him under this regulation and regulation 15, 16 and 17; or\n(i) subject to paragraphs (5) and (6) below, is not registered on the professional or trade register of the member State in which the contractor is established under the conditions laid down by that Sta te.\n(2) Subject to regulation 18, the contracting authority may require a contractor to provide such information as it considers it needs to make the evaluation in accordance with paragraph (1) above except that it shall accept as conclusive evidence that a contractor does not fall within the grounds specified in paragraphs (1)(a), (b), (c), (d), (f), or (g) above if that contractor provides to the contracting authority–\n(a) in relation to the grounds specified in paragraphs (1)(a), (b), (c) or (d) above,\n(i) an extract from the judicial record, or\n(ii) in a member State which does not maintain such a judicial record, a document issued by the relevant judicial or administrative authority;\n(b) in relation to the grounds specified in paragraph (1)(f) or (g) above, a certificate issued by the relevant competent authority;\n(c) in a member State where the documentary evidence specified in paragraphs (2)(a) and (b) above is not issued in relation to one of the grounds specified in paragraph (1)(a), (b), (c), (d), (f) or (g) above, a declaration on oath made by the contractor before the relevant judicial, administrative or competent authority or a relevant notary public or commissioner for oaths.\n(3) In this regulation, “relevant” in relation to a judicial, administrative or competent authority, notary public or commissioner for oaths means an authority designated by, or a notary public or commissioner for oaths in, the member State in which the contractor is established.\n(4) The following are the appropriate professional or trade registers for the purposes of paragraph (1)(i) above–\nin Belgium, the registre du commerce/Handelsregister;\nin Denmark, the Erhvervsand Selskabsstyrelsen;\nin France, the registre du commerce or the repertoire des metiers;\nin Germany, the Handelsregister or the Handwerksrolle;\nin Italy, the Registro della Camera di commercio, industria, agricultura e artigianato;\nin Luxembourg, the registre aux firmes and the role de la Chambre des metiers;\nin the Netherlands, the Handelsregister;\nin Portugal, the Commissao de Alvaras de Empresas de Obras Publicas e Particulares (“CAEOPP”); and\nin Spain, the Registro Oficial de Contratistas del Ministerio de Industria y Energia.\n(5) A contractor established in the United Kingdom or Ireland shall be treated as registered on the professional or trade register for the purposes of paragraph (1)(i) above if the contractor–\n(a) is established in Ireland and is certified as registered with the Registrar of Friendly Societies, or\n(b) is established in either State and is either–\n(i) certified as incorporated by the Registrar of Companies, or\n(ii) is certified as having declared on oath that he is carrying on business in the trade in question in the State in which he is established at a specific place of business and under a specific trading name.\n(6) A contractor established in Greece shall be treated as registered on the professional or trade register for the purposes of paragraph (1)(i) if the contractor is certified as having declared on oath before a notary public that he exercises the profession of public works contractor.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1986 c. 45."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1989/2405 (N.I. 19)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/1995/201",
      "affecting_title": "The Public Supply Contracts Regulations 1995"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1995/201",
      "affecting_title": "The Public Supply Contracts Regulations 1995"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1995/201",
      "affecting_title": "The Public Supply Contracts Regulations 1995"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/1995/201",
      "affecting_title": "The Public Supply Contracts Regulations 1995"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1995/201",
      "affecting_title": "The Public Supply Contracts Regulations 1995"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1995/201",
      "affecting_title": "The Public Supply Contracts Regulations 1995"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2680/regulation/14",
    "retrieved_at": "2026-10-29T14:33:49.566208+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}