PART 4

Management of public contracts

Terminating public contracts

Terminating public contracts: national security
79
1
A relevant contracting authority may not terminate a contract by reference to the implied term in section 78 on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 (threat to national security) unless—
a
the authority has notified a Minister of the Crown of its intention, and
b
the Minister considers that—
i
the supplier or sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and
ii
the contract should be terminated.
2
A relevant contracting authority may not terminate a contract by reference to the implied term in section 78 on the basis of the mandatory exclusion ground in paragraph 35 of Schedule 6 (threat to national security) unless the authority has notified a Minister of the Crown of its intention.
3
In this section, a “relevant contracting authority” means a contracting authority other than—
a
a Minister of the Crown or a government department,
b
the Corporate Officer of the House of Commons, or
c
the Corporate Officer of the House of Lords.
S. 79 not in force at Royal Assent, see s. 127(2)
S. 79 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))
S. 79 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))