Procurement Act 2023

Prospective

PART 1 U.K. Offences

1 U.K. A mandatory exclusion ground applies to a supplier if the supplier or a connected person has been convicted of an offence referred to in this Part of this Schedule.

Commencement Information

I1 Sch. 6 para. 1 not in force at Royal Assent, see s. 127(2)

Corporate manslaughter or corporate homicide U.K.

2 An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 (corporate manslaughter or corporate homicide).

Commencement Information

I2 Sch. 6 para. 2 not in force at Royal Assent, see s. 127(2)

Terrorism U.K.

3 An offence listed in section 41 or 42 of the Counter-Terrorism Act 2008 (terrorism offences, and offences having a terrorist connection, in respect of which the notification requirements under Part 4 of that Act apply), other than an offence under section 54 of that Act.

Commencement Information

I3 Sch. 6 para. 3 not in force at Royal Assent, see s. 127(2)

Theft, fraud, bribery etc U.K.

4 An offence at common law in Scotland of theft, fraud, extortion, robbery, theft by housebreaking, housebreaking with intent to steal, uttering, embezzlement, or reset.

Commencement Information

I4 Sch. 6 para. 4 not in force at Royal Assent, see s. 127(2)

5 An offence at common law of conspiracy to defraud.

Commencement Information

I5 Sch. 6 para. 5 not in force at Royal Assent, see s. 127(2)

6 An offence under any of the following sections of the Theft Act 1968—

(a) sections 1 to 13 (theft, robbery, burglary, etc);

(b) sections 17 to 21 (fraud and blackmail);

(c) sections 22 and 23 (offences relating to stolen goods);

(d) section 24A (dishonestly retaining a wrongful credit);

(e) section 25 (going equipped for stealing etc).

Commencement Information

I6 Sch. 6 para. 6 not in force at Royal Assent, see s. 127(2)

7 An offence under any of the following sections of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))—

(a) sections 1 to 13 (theft, robbery, burglary, etc);

(b) sections 17 to 20 (fraud and blackmail);

(c) sections 21 and 22 (offences relating to stolen goods);

(d) section 23A (dishonestly retaining a wrongful credit);

(e) section 24 (going equipped for stealing etc).

Commencement Information

I7 Sch. 6 para. 7 not in force at Royal Assent, see s. 127(2)

8 An offence under section 3 of the Theft Act 1978 (making off without payment).

Commencement Information

I8 Sch. 6 para. 8 not in force at Royal Assent, see s. 127(2)

9 An offence under section 5 of the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)) (making off without payment).

Commencement Information

I9 Sch. 6 para. 9 not in force at Royal Assent, see s. 127(2)

10 An offence under Article 172 or 172A of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (taking vehicle without authority etc).

Commencement Information

I10 Sch. 6 para. 10 not in force at Royal Assent, see s. 127(2)

11 An offence under section 58 of the Civic Government (Scotland) Act 1982 (convicted thief in possession).

Commencement Information

I11 Sch. 6 para. 11 not in force at Royal Assent, see s. 127(2)

12 An offence under section 113 of the Representation of the People Act 1983 (bribery of electors).

Commencement Information

I12 Sch. 6 para. 12 not in force at Royal Assent, see s. 127(2)

13 An offence under section 178 of the Road Traffic Act 1988 (taking motor vehicle without authority etc).

Commencement Information

I13 Sch. 6 para. 13 not in force at Royal Assent, see s. 127(2)

14 An offence under section 327, 328 or 329 of the Proceeds of Crime Act 2002 (money laundering offences).

Commencement Information

I14 Sch. 6 para. 14 not in force at Royal Assent, see s. 127(2)

15 An offence under section 2, 3, 4, 6 or 7 of the Fraud Act 2006 (fraud offences).

Commencement Information

I15 Sch. 6 para. 15 not in force at Royal Assent, see s. 127(2)

16 An offence under section 993 of the Companies Act 2006 (fraudulent trading).

Commencement Information

I16 Sch. 6 para. 16 not in force at Royal Assent, see s. 127(2)

17 An offence under section 1, 2 or 6 of the Bribery Act 2010 (bribery offences).

Commencement Information

I17 Sch. 6 para. 17 not in force at Royal Assent, see s. 127(2)

18 An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (offences relating to articles for use in fraud).

Commencement Information

I18 Sch. 6 para. 18 not in force at Royal Assent, see s. 127(2)

Labour market, slavery and human trafficking offences U.K.

19 An offence under the Employment Agencies Act 1973 (offences relating to employment agencies) other than an offence under section 9(4)(b) of that Act.

Commencement Information

I19 Sch. 6 para. 19 not in force at Royal Assent, see s. 127(2)

20 An offence under the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (S.I. 1981/839) (N.I. 20)) (offences relating to employment agencies) other than an offence under Article 7B(11) of that Order.

Commencement Information

I20 Sch. 6 para. 20 not in force at Royal Assent, see s. 127(2)

21 An offence under section 31(1) of the National Minimum Wage Act 1998 (refusal or wilful neglect to pay the national minimum wage).

Commencement Information

I21 Sch. 6 para. 21 not in force at Royal Assent, see s. 127(2)

22 An offence under the Gangmasters (Licensing) Act 2004 (offences relating to gangmasters).

Commencement Information

I22 Sch. 6 para. 22 not in force at Royal Assent, see s. 127(2)

23 An offence under section 1, 2, 4 or 30 of the Modern Slavery Act 2015 (slavery and human trafficking offences).

Commencement Information

I23 Sch. 6 para. 23 not in force at Royal Assent, see s. 127(2)

24 An offence under section 1, 4 or 32 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (slavery and human trafficking offences).

Commencement Information

I24 Sch. 6 para. 24 not in force at Royal Assent, see s. 127(2)

25 An offence under section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)), or paragraph 16 of Schedule 3 to that Act (slavery and human trafficking offences).

Commencement Information

I25 Sch. 6 para. 25 not in force at Royal Assent, see s. 127(2)

26 An offence under section 27 of the Immigration Act 2016 (failure to comply with labour market enforcement order).

Commencement Information

I26 Sch. 6 para. 26 not in force at Royal Assent, see s. 127(2)

Organised crime U.K.

27 An offence under section 28 of the Criminal Justice and Licensing (Scotland) Act 2010 (agreeing to become involved in serious organised crime).

Commencement Information

I27 Sch. 6 para. 27 not in force at Royal Assent, see s. 127(2)

28 An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

Commencement Information

I28 Sch. 6 para. 28 not in force at Royal Assent, see s. 127(2)

Tax offences U.K.

29 An offence at common law of cheating the public revenue.

Commencement Information

I29 Sch. 6 para. 29 not in force at Royal Assent, see s. 127(2)

30 (1) An offence under the law of any part of the United Kingdom consisting of being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of a tax.

(2) In this paragraph, “tax” means a tax imposed under the law of any part of the United Kingdom, including national insurance contributions under—

(a) Part 1 of the Social Security Contributions and Benefits Act 1992, or

(b) Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Commencement Information

I30 Sch. 6 para. 30 not in force at Royal Assent, see s. 127(2)

31 An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent facilitation of tax evasion).

Commencement Information

I31 Sch. 6 para. 31 not in force at Royal Assent, see s. 127(2)

Cartel offence U.K.

32 An offence under section 188 of the Enterprise Act 2002 (cartel offence).

Commencement Information

I32 Sch. 6 para. 32 not in force at Royal Assent, see s. 127(2)

Ancillary offences U.K.

33 In relation to an offence otherwise referred to in this Part, any of the following offences—

(a) aiding, abetting, counselling or procuring the commission of the offence;

(b) in Scotland, being art and part in the commission of the offence;

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;

(d) inciting a person to commit the offence;

(e) attempting or conspiring to commit the offence.

Commencement Information

I33 Sch. 6 para. 33 not in force at Royal Assent, see s. 127(2)

Offences committed outside the United Kingdom U.K.

34 (1) An offence under the law of a country or territory outside the United Kingdom which would be an offence otherwise referred to in this Part of this Schedule if the conduct constituting that offence was carried out in any part of the United Kingdom.

(2) For the purposes of this paragraph, an act punishable under the law of a country or territory outside the United Kingdom constitutes an offence under that law, however it is described in that law.

Commencement Information

I34 Sch. 6 para. 34 not in force at Royal Assent, see s. 127(2)