List and brief description of conditions:
Any supplier may be disqualified who has been convicted of:
(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977(a) or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983(b) 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(c);
(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(d) or section 1 of the Prevention of Corruption Act 1906(e);
(c) the common law offence of bribery;
(d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010(f) or section 113 of the Representation of the People Act 1983(g);
(e) 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(h):
(i) the common law offence of cheating the revenue;
(ii) the common law offence of conspiracy to defraud;
(iii) fraud or theft within the meaning of the Theft Act 1968(i), the Theft Act (Northern Ireland) 1969(j), the Theft Act 1978(k) or the Theft (Northern Ireland) Order 1978(l);
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985(m), Article 451 of the Companies (Northern Ireland) Order 1986(n) or section 993 of the Companies Act 2006(o);
(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979(p) or section 72 of the Value Added Tax Act 1994(q);
(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993(r);
(vii) 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(s) or section 19 of the Theft Act (Northern Ireland) 1969(t);
(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006(u); or
(ix) 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.
(f) any offence listed:
(i) in section 41 of the Counter Terrorism Act 2008(a); or
(ii) in Schedule 2 to that Act where the court has determined that there is a terrorist connection.
(g) any offence under sections 44 to 46 of the Serious Crime Act 2007(b) which relates to an offence covered by subparagraph (f);
(h) money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002(c);
(i) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or93C of the Criminal Justice Act 1988(d) or Article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996(e);
(j) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc. Act 2004(f);
(k) an offence under section 59A of the Sexual Offences Act 2003(g);
(l) an offence under section 71 of the Coroners and Justice Act 2009(h);
(m) 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(i); or
(n) any other offence within the meaning of Article 57(1) of the Public Contracts Directive:
(i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or
(ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland.
In order to qualify as an approved supplier on the DPS you must demonstrate that you are fully Ofgem licensed to supply electricity and/or gas throughout Great Britain.
Energy brokers/consultants white-labelling or introducing a licenced supplier’s offer will not qualify and will be excluded from the process.