Procurement Act 2023
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Change 1
29 Excluding a supplier that is a threat to national security
(1) This section applies if a relevant contracting authority intends to disregard a tender under section 26 or 28 or exclude a supplier under section 27 or 28 on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 (threat to national security). (2) The contracting authority may not disregard the tender, exclude the supplier or notify the supplier of its intention unless— (a) the authority has notified a Minister of the Crown of its intention, and (b) the Minister of the Crown considers that— (i) the supplier or an intended sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and (ii) the tender should be disregarded or supplier excluded. (3) The reference in subsection (2) to a contracting authority notifying a supplier of its intention is a reference to notification in accordance with section 26(3), 27(4) or 28(5). (4) 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.
29 Excluding a supplier that is a threat to national security
(1) This section applies if a relevant contracting authority intends to disregard a tender under section 26 or 28 or exclude a supplier under section 27 or 28 on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 (threat to national security). (2) The contracting authority may not disregard the tender, exclude the supplier or notify the supplier of its intention unless— (a) the authority has notified a Minister of the Crown of its intention, and (b) the Minister of the Crown considers that— (i) the supplier or an intended sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and (ii) the tender should be disregarded or supplier excluded. (3) The reference in subsection (2) to a contracting authority notifying a supplier of its intention is a reference to notification in accordance with section 26(3), 27(4) or 28(5). (4) 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.
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