Q&As

Does an economic operator’s conviction for breaches of health and safety regulations constitute a relevant offence for the purposes of mandatory exclusions from a procurement process?

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Produced in partnership with Victoria Searle of Browne Jacobson
Published on: 03 June 2019
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The Public Contract Regulations 2015 (PCR 2015), SI 2015/102, reg 57(1) requires contracting authorities to exclude an economic operator from participation in a procurement procedure where that operator has been convicted of any one of a number of specified offences. The particular offences that give rise to mandatory exclusion are laid out in PCR 2015, SI 2015/102, reg 57(1)(a)–(m) and include:

  1. •

    conspiracy

  2. •

    corruption

  3. •

    bribery

  4. •

    fraud affecting the European Communities’ interests

  5. •

    terrorism offences

  6. •

    modern slavery offences, and

  7. •

    money laundering

A conviction for a breach of health and safety law does not fall within any of these categories of offences giving rise to mandatory exclusion.

However, under PCR 2015, SI 2015/102, reg 57(8) contracting authorities may also exclude an economic operator from a procurement procedure: ‘where the contracting authority can demonstrate by any appropriate means a violation of applicable obligations referred to

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Jurisdiction(s):
United Kingdom
Key definition:
Exclusions definition
What does Exclusions mean?

The financial services and markets act 2000 (Regulated Activities) Order 2001, SI 2001/544 lists statutory exclusions which are provisions which, if complied with, turn regulated activities into unregulated activities.

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