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4. In Article 2 after paragraph (f), add—
“(g)any question asked by or on behalf of a contracting authority or contracting entity in relation to a conviction within the meaning of Article 45(1) of Directive 2004/18/EC which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not to treat a person as ineligible:
(i)for the purposes of Regulation 23 of the Public Contracts Regulations 2006[7] or Regulation 23 of the Utilities Contracts Regulations 2006[8];or
(ii)to participate in a design contest for the purposes of Regulation 33 of the Public Contracts Regulations 2006 or Regulation 34 of the Utilities Contracts Regulations 2006
where the person questioned is informed at the time the question is asked that, by virtue of this order, convictions within the meaning of Article 45(1) of Directive 2004/18/EC which are spent convictions are to be disclosed”
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