Moved by
Viscount Younger of Leckie
234: Clause 36, page 23, line 29, at end insert—
“(1A) A condition set under subsection (1)(b) may relate to suppliers’ qualifications, experience or technical ability, but may not—
(a) require suppliers to have been awarded a contract by a particular contracting authority,
(b) break the rules on technical specifications in section 24, or
(c) require particular qualifications without allowing for their equivalents.
(1B) When considering whether a condition is proportionate for the purposes of subsection (1) a contracting authority must have regard to the nature, complexity and cost of contracts to be awarded by reference to suppliers’ membership of the market.
(1C) A condition of membership may require the provision of evidence that is verifiable by a person other than the supplier.”