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(1)The Scottish Ministers may by regulations require a contracting authority to exclude an economic operator from a regulated procurement (other than an EU-regulated procurement) if any of the following have been convicted of an offence specified in the regulations—
(a)the economic operator,
(b)a director, secretary, office-holder, or partner of the economic operator, or
(c)another person having powers of representation, decision-making or control in relation to the economic operator.
(2)Regulations under this section may make provision—
(a)specifying evidence that is to be conclusive in determining whether or not a person has been convicted of an offence,
(b)specifying circumstances in which a contracting authority may award a contract to an economic operator despite being otherwise prohibited from doing so under the regulations.
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Text created by the Scottish Government 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 Acts of the Scottish Parliament except those which result from Budget Bills.
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