- Latest available (Revised)
- Original (As enacted)
This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Procurement Act 2023, Section 36 is up to date with all changes known to be in force on or before 09 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
(1)A contracting authority may set conditions for membership of a dynamic market or part of a dynamic market only if it is satisfied that the conditions are a proportionate means of ensuring that members—
(a)have the legal and financial capacity to perform contracts awarded by reference to membership of the market or the part of the market;
(b)have the technical ability to perform such contracts.
(2)A condition set under subsection (1)(a) may not—
(a)require the submission of audited annual accounts, except from suppliers who are, or were, required to have the accounts audited in accordance with Part 16 of the Companies Act 2006 or an overseas equivalent;
(b)require insurance relating to the performance of the contract to be in place before the award of the contract.
(3)A condition set under subsection (1)(b) may relate to suppliers’ qualifications, experience or technical ability, but may not—
(a)require suppliers to have been awarded a contract by a particular contracting authority,
(b)break the rules on technical specifications in section 56, or
(c)require particular qualifications without allowing for their equivalents.
(4)When considering whether a condition is proportionate for the purposes of subsection (1) a contracting authority must have regard to the nature, complexity and cost of contracts to be awarded by reference to suppliers’ membership of the market.
(5)A condition for membership may require the provision of evidence that is verifiable by a person other than the supplier.
(6)A contracting authority must—
(a)accept applications for membership of a dynamic market or part of a dynamic market at any time during the term of the market;
(b)consider such applications within a reasonable period;
(c)admit to the market or the part of the market, as soon as reasonably practicable, any supplier that—
(i)is not an excluded or excludable supplier, and
(ii)satisfies the conditions for membership;
(d)consider whether to admit to the market or the part of the market any supplier that—
(i)is an excludable supplier, and
(ii)satisfies the conditions for membership;
(e)inform a supplier of the outcome of their application, together with reasons for the decision, as soon as reasonably practicable.
(7)A contracting authority may not—
(a)limit the number of suppliers that can be admitted to a dynamic market or part of a market, or
(b)modify the conditions for membership of a dynamic market or part of a market during the term of the market.
Commencement Information
I1S. 36 not in force at Royal Assent, see s. 127(2)
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: