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?

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