KubitDocs · Legislation

Procurement Act 2023 — exclusions and debarment

Provisions the documents cite: s.57 (excluded and excludable suppliers), s.59 (notification of exclusion), s.62 (debarment list), Schedule 6 (mandatory exclusion grounds), Schedule 7 (discretionary exclusion grounds), s.127 (commencement); in force for procurements from 24 February 2025

What it requires

A supplier is an excluded supplier if the contracting authority considers that a mandatory exclusion ground applies to it or an associated person and the circumstances are continuing or likely to occur again, or if it is on the debarment list for a mandatory ground; it is an excludable supplier on the same basis for a discretionary ground (s.57). A contracting authority that excludes a supplier notifies a Minister within 30 days (s.59). A Minister may, after investigation and an eight working day standstill, enter a supplier on the published debarment list, stating the ground, whether mandatory or discretionary, and when it is expected to cease to apply (s.62). Mandatory grounds (Schedule 6) include conviction of the supplier or a connected person for corporate manslaughter, terrorism, theft, fraud and conspiracy to defraud, money laundering, bribery (Bribery Act 2010 ss.1, 2, 6 and 7 as listed), refusal or wilful neglect to pay the national minimum wage (National Minimum Wage Act 1998 s.31(1)), gangmaster and employment agency offences, modern slavery offences, cheating the revenue and tax evasion, failure to prevent facilitation of tax evasion (Criminal Finances Act 2017 ss.45–46) and the cartel offence, plus national security and certain tax penalties. Discretionary grounds (Schedule 7) include slavery and trafficking or labour market enforcement orders, environmental offences causing significant harm, insolvency, ceasing business, competition infringements, professional misconduct, serious breach or poor performance of a public contract, acting improperly in a procurement and national security; events known more than five years before are ignored (para 15). The main provisions came into force on 24 February 2025.

The instrument itself: https://www.legislation.gov.uk/ukpga/2023/54. The summary above is our plain-English reading, not the text of the instrument — always work from the source.

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The 3 documents that cite it

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Building contracts

CAS evidence records

Company policies