The Health Care Services (Provider Selection Regime) Regulations 2023
Draft 2023, ISBN 9780348252613
Draft Regulations laid before Parliament under section 272(6)(zze) of the National Health Service Act 2006, for approval by resolution of each House of Parliament.
Health Services, England
Public Procurement, England
Made ***
Coming into force 1st January 2024
A draft of these Regulations was laid before Parliament in accordance with section 272(6)(zze)f3 of the National Health Service Act 2006 and was approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
-
2006 c. 41. Section 12ZB was inserted by section 79 of the Health and Care Act 2022 (c. 31).
- f2
- f3
-
Section 272(6)(zze) was inserted by section 80(1)(b) of the Health and Care Act 2022.
Contents
- Part 1: General
- 1Citation, commencement, extent and territorial application
- 2Interpretation
- 3Application
- 4Procurement principles
- 5Key criteria
- Part 2: Procurement processes
- 6Overview
- 7Direct Award Process A
- 8Direct Award Process B
- 9Direct Award Process C
- 10The Most Suitable Provider Process
- 11The Competitive Process
- 12The standstill period
- 13Modification of contracts and framework agreements during their term
- 14Urgent award or modification
- 15Abandonment of, or repetition of steps in, a procurement
- Part 3: Framework agreements
- 16Framework agreements
- 17Additional provider parties of a framework agreement during its term
- 18Contracts based on a framework agreement
- Part 4: Further requirements when procuring relevant health care services
- 19Basic selection criteria
- 20Exclusions
- 21Conflicts of interest
- 22Termination of contracts
- Part 5: Advice, information and audit
- 23Advice
- 24Information requirements
- 25Annual summary
- 26Monitoring requirements
- Part 6: Consequential and transitional provision
- 27Amendment of the Public Contracts Regulations 2015 consequential on the coming into force of these Regulations
- 28Amendment of the Public Contracts Regulations 2015 consequential on the revocation of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 (S.I. 2013/500)
- 29Transitional provision
- Signature
- Schedule 1Relevant health care services: CPV codes
- Schedule 2: Content of notice of award which followed Direct Award Process A or Direct Award Process B or award based on a framework agreement without a competition
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 3: Content of notice of intention to award to the existing provider under Direct Award Process C
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 4: Content of notice following award under Direct Award Process C
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 5: Content of notice of intention to follow the Most Suitable Provider Process
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 6: Content of notice of intention to award to the chosen provider under the Most Suitable Provider Process
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 7: Content of notice following award under the Most Suitable Provider Process
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 8: Content of notice inviting offers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 9: Content of communication to unsuccessful provider
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 10: Content of notice of intention to make an award to the chosen provider, or conclude a framework agreement with the chosen provider, under the Competitive Process
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 11: Content of notice following a competition under the Competitive Process
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 12: Notice of contract or framework agreement modification
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 13: Notice of urgent award
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 14: Notice of urgent modification
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 15: Invitation to providers party to the framework agreement to submit an offer
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 16: Basic selection criteria
- 1Basic selection criteria: general principles
- 2Authorisations or memberships
- 3Economic and financial standing
- 4Technical and professional ability
- Explanatory note