Schedule 7, paragraph 12

A discretionary exclusion ground applies to a supplier if— the supplier has breached a relevant contract, and the breach was sufficiently serious. A discretionary exclusion ground applies to a supplier if— a court has ruled that the supplier breached a relevant contract, and the breach was sufficiently serious. A discretionary exclusion ground applies to a supplier if the supplier— has not performed a relevant contract to the regulated authority’s satisfaction, was given proper opportunity to improve performance, and failed to do so. A discretionary exclusion ground applies to a supplier if a contracting authority has published information under section 71(5) in respect of the supplier (information concerning either breach or poor performance). For the purposes of this paragraph, a breach of a contract is “sufficiently serious” if it results in— termination (or partial termination) of the contract, the award of damages, a settlement agreement between the supplier and the regulated authority. In this paragraph— “regulated authority” means— a contracting authority, another public authority, or an authority outside the United Kingdom that the decision-maker considers to be equivalent; “relevant contract” means a contract to which a regulated authority is party.

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Source: legislation.gov.uk · retrieved 2026-09-04