Regulation 4 Power to conclude and manage framework agreements

(1)

The Board may conclude and manage framework agreements to facilitate the purchase and supply of a service, drug, medicine or other substance or product to which paragraph (2) applies.

(2)

This paragraph applies to a service, drug, medicine or other substance or product that is to be provided as part of the health service for—

(a)

the purposes of preventing, diagnosing, monitoring or treating a physical or mental illness;

(b)

the purposes of providing care to an individual; or

(c)

a purpose related to any matter mentioned in sub-paragraph (a) or (b).

(3)

In this regulation—

(a)

“framework agreement” means an agreement between the Board and one (or more than one) economic operator (within the meaning of regulation 2 (definitions) of the Public Contracts Regulations 2015^f1), the purpose of which is to establish the terms governing contracts to be entered into during a given period, in particular with regard to price and, where appropriate, the quantity envisaged; and

(b)

“other substance or product” includes—

(i)

medical supplies within the meaning of section 260(5) of the 2006 Act^f2;

(ii)

a medical device within the meaning of regulation 2 (interpretation) of the Medical Devices Regulations 2002^f3; and

(iii)

a human blood component.

Annotations

Footnotes

f1: S.I. 2015/102. Amendments have been made to S.I. 2015/102 but none are relevant to these Regulations.
f2: Section 260(5) of the 2006 Act defines “medical supplies” as including surgical, dental and optical materials and equipment.
f3: S.I. 2002/618, as amended. Amendments relevant to these Regulations have been made by S.I. 2008/2936.