Schedule 7, paragraph 15

For the purpose of determining whether a discretionary exclusion ground applies to a supplier, the decision-maker must ignore any event that— the decision-maker was aware of before the five-year period ending with the date on which the determination is made, or a reasonably well-informed decision-maker in their position would have been aware of before that period. This is subject to sub-paragraphs (2) and (4). In determining whether a discretionary exclusion ground within sub-paragraph (3) applies to a supplier, the decision-maker must also ignore any event that— the decision-maker was aware of before the three-year period ending with the date on which the determination is made, or a reasonably well-informed decision-maker in their position would have been aware of before that period. The grounds are those listed in— paragraphs 5 and 6 (insolvency, bankruptcy etc); paragraphs 7 to 10 (potential competition infringements); paragraph 11 (professional misconduct); paragraph 12(1) or (2) (breach of contract); paragraph 12(4) (adverse information about supplier published by contracting authority), where the information is published in relation to a breach of contract; paragraph 13 (acting improperly in a procurement). In determining whether a discretionary exclusion ground listed in any of the following paragraphs applies to a supplier, the decision-maker must also ignore any event that occurred before the coming into force of this Schedule— paragraphs 1 to 3 (labour market misconduct); paragraph 4 (environmental misconduct); paragraph 12(3) (poor performance); paragraph 12(4) (adverse information about supplier published by contracting authority), where the information is not published in relation to a breach of contract; paragraph 14 (national security).

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