Section 41(5)

There is an overriding public interest in awarding a public contract to an excluded supplier if— it is necessary in order to construct, maintain or operate critical national infrastructure, it is necessary in order to ensure the proper functioning of a sector on which the defence, security or economic stability of the United Kingdom relies, failure to do so would prejudice the conduct of military or security operations, or the effective operation of the armed forces or intelligence services, or the contract is being awarded by reference to paragraph 13 of Schedule 5 (extreme and unavoidable urgency) and cannot be awarded to, or performed by, a supplier that is not an excluded supplier within the necessary time frame.

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