Procurement Act 2023

Valid from 19/01/2024

Prospective

Definitions U.K.

45 In this Schedule—

• the “CMA” means the Competition and Markets Authority;

• “conduct” includes acts and omissions;

• “connected person”, in relation to a supplier, means any of the following—

  (a)

  a person with “significant control” over the supplier (within the meaning given by section 790C(2) of the Companies Act 2006 (“CA 2006”));

  (b)

  a director or shadow director of the supplier;

  (c)

  a parent undertaking or a subsidiary undertaking of the supplier;

  (d)

  a predecessor company;

  (e)

  any other person who it can reasonably be considered stands in an equivalent position in relation to the supplier as a person within paragraph (a) to (d);

  (f)

  any person with the right to exercise, or who actually exercises, significant influence or control over the supplier;

  (g)

  any person over which the supplier has the right to exercise, or actually exercises, significant influence or control;

• “court” includes a tribunal;

• “decision-maker”, in relation to a supplier, means a contracting authority or an appropriate authority that is considering whether a mandatory exclusion ground applies to the supplier;

• “director” has the meaning given in section 250 of CA 2006;

• “event” means a conviction, decision, ruling, failure or other event by virtue of which a mandatory exclusion ground would apply to a supplier;

• “HMRC” means His Majesty’s Revenue and Customs;

• “parent undertaking” and “subsidiary undertaking” have the meanings given in section 1162 of CA 2006;

• “predecessor company” means a company which—

  (a)

  became insolvent and ceased to trade,

  (b)

  before it ceased to trade, carried on the same or substantially the same business as the supplier,

  (c)

  has transferred all or substantially all of its assets to the supplier, and

  (d)

  had at least one director or shadow director who is or has been a director or shadow director of the supplier;

• “shadow director” has the meaning given in section 251 of CA 2006.

Commencement Information

I1 Sch. 6 para. 45 not in force at Royal Assent, see s. 127(2)