Part 4: Management of public contracts Terminating public contracts Section 79: Terminating public contracts: national security
Subsection (1) sets out that a relevant contracting authority may not terminate a contract by reference to the implied term in section 78, on the basis of the national security discretionary exclusion ground (Schedule 7, paragraph 14) unless the following requirements are met. Firstly, that the authority has notified a Minister of the Crown of its intention and secondly, that the Minister agrees that the supplier or sub-contractor is excludable on the ground set out in Schedule 7, paragraph 14 and that the contract should be terminated.
	Subsection (2) sets out that a relevant contracting authority may not terminate a contract by reference to the implied term in section 78, on the basis of the national security mandatory exclusion ground (Schedule 6, paragraph 35) unless the authority has first notified a Minister of the Crown of its intention. The Minister’s agreement is not required in these circumstances as the Minister has already determined that the supplier is an excluded supplier on this ground by virtue of adding their name to the debarment list.
	Subsection (3) sets out that a "relevant contracting authority" is a contracting authority that is not a Minister of the Crown, a government department, or a Corporate Officer of the House of Commons or House of Lords.