Exclusion Grounds

Participation in a criminal organisation
  • Participation offence as defined by section 45 of the Serious Crime Act 2015
  • Conspiracy within the meaning of
    • section 1 or 1A of the Criminal Law Act 1977 or
    • article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime.
Corruption
  • Corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906;
  • The common law offence of bribery;
  • Bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010, or section 113 of the Representation of the People Act 1983.
Terrorist offences or offences linked to terrorist activities
  • Any offence:
    • listed in section 41 of the Counter Terrorism Act 2008;
    • listed in schedule 2 to that Act where the court has determined that there is a terrorist connection;
    • under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by the previous two points.
Money laundering or terrorist financing
  • Money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002
  • An offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996.
Child labour and other forms of trafficking human beings
  • An offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004;
  • An offence under section 59A of the Sexual Offences Act 2003
  • An offence under section 71 of the Coroners and Justice Act 2009;
  • An offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994
  • An offence under section 2 or section 4 of the Modern Slavery Act 2015.
Non-payment of tax and social security contributions
  • Breach of obligations relating to the payment of taxes or social security contributions that has been established by a judicial or administrative decision.
  • Where any tax returns submitted on or after 1 October 2012 have been found to be incorrect as a result of:
    • HMRC successfully challenging the potential supplier under the General Anti – Abuse Rule (GAAR) or the “Halifax” abuse principle; or
    • a tax authority in a jurisdiction in which the potential supplier is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or “Halifax” abuse principle;
    • a failure to notify, or failure of an avoidance scheme which the supplier is or was involved in, under the Disclosure of Tax Avoidance Scheme rules (DOTAS) or any equivalent or similar regime in a jurisdiction in which the supplier is established.
Other offences
  • Any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any jurisdiction outside England, Wales and Northern Ireland.
  • Any other offence within the meaning of Article 57(1) of the Directive created after 26th February 2015 in England, Wales or Northern Ireland.
Fraud
  • Any of the following offences, where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the convention on the protection of the financial interests of the European Communities:
    • the common law offence of cheating the Revenue;
    • the common law offence of conspiracy to defraud;
    • fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;
    • fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;
    • fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;
    • an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
    • destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969;
    • fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006;
    • the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act.
Bankruptcy, insolvency
  • Bankrupt or is the subject of insolvency or winding-up proceedings, where the organisation’s assets are being administered by a liquidator or by t court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State.
Grave professional misconduct
  • Guilty of grave professional misconduct