Q&As

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?

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Produced in partnership with Victoria Searle of Browne Jacobson
Published on LexisPSL on 03/06/2019

The following Local Government Q&A Produced in partnership with Victoria Searle of Browne Jacobson provides comprehensive and up to date legal information covering:

  • 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 in PCR 2015, SI 2015/102, reg 56(2)’.

PCR 2015, SI 20

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