Search Legislation

Procurement Act 2023

Status:

This is the original version (as it was originally enacted).

57Meaning of excluded and excludable supplier
This section has no associated Explanatory Notes

(1)A supplier is an “excluded supplier” if—

(a)the contracting authority considers that—

(i)a mandatory exclusion ground applies to the supplier or an associated person, and

(ii)the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again, or

(b)the supplier or an associated person is on the debarment list by virtue of a mandatory exclusion ground.

(2)A supplier is an “excludable supplier” if—

(a)the contracting authority considers that—

(i)a discretionary exclusion ground applies to the supplier or an associated person, and

(ii)the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again, or

(b)the supplier or an associated person is on the debarment list by virtue of a discretionary exclusion ground.

(3)If a supplier is an excluded supplier on the basis of the supplier or an associated person being on the debarment list only by virtue of paragraph 35 of Schedule 6 (threat to national security), the supplier is to be treated as an excluded supplier only in relation to public contracts of a kind described in the relevant entry.

(4)For the purposes of a covered procurement carried out by a private utility—

(a)an excluded supplier is to be regarded as an excludable supplier, and

(b)a reference in this Act to an excludable supplier includes a reference to such an excluded supplier.

(5)In this Act “debarment list” means the list kept under section 62.

(6)The mandatory exclusion grounds are set out in Schedule 6.

(7)The discretionary exclusion grounds are set out in Schedule 7.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources