(1)The Scottish Ministers may by regulations require a contracting authority to exclude an economic operator from a regulated procurement (other than [F1a higher value 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.
Textual Amendments
F1Words in s. 27(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)
Commencement Information
I1S. 27 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)