Procurement Act 2023
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Change 1
79 Terminating public contracts: national security
(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.
79 Terminating public contracts: national security
(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.
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