Prospective
Excluded mattersU.K.
15(1)For the purpose of determining whether a discretionary exclusion ground applies to a supplier, the decision-maker must ignore any event that—
(a)the decision-maker was aware of before the five-year period ending with the date on which the determination is made, or
(b)a reasonably well-informed decision-maker in their position would have been aware of before that period.
This is subject to sub-paragraphs (2) and (4).
(2)In determining whether a discretionary exclusion ground within sub-paragraph (3) applies to a supplier, the decision-maker must also ignore any event that—
(a)the decision-maker was aware of before the three-year period ending with the date on which the determination is made, or
(b)a reasonably well-informed decision-maker in their position would have been aware of before that period.
(3)The grounds are those listed in—
(a)paragraphs 5 and 6 (insolvency, bankruptcy etc);
(b)paragraphs 7 to 10 (potential competition infringements);
(c)paragraph 11 (professional misconduct);
(d)paragraph 12(1) or (2) (breach of contract);
(e)paragraph 12(4) (adverse information about supplier published by contracting authority), where the information is published in relation to a breach of contract;
(f)paragraph 13 (acting improperly in a procurement).
(4)In determining whether a discretionary exclusion ground listed in any of the following paragraphs applies to a supplier, the decision-maker must also ignore any event that occurred before the coming into force of this Schedule—
(a)paragraphs 1 to 3 (labour market misconduct);
(b)paragraph 4 (environmental misconduct);
(c)paragraph 12(3) (poor performance);
(d)paragraph 12(4) (adverse information about supplier published by contracting authority), where the information is not published in relation to a breach of contract;
(e)paragraph 14 (national security).
Commencement Information
I1Sch. 7 para. 15 not in force at Royal Assent, see s. 127(2)