Regulation 4 Amendments to the Health Care Services (Provider Selection Regime) Regulations 2023

In regulation 22 (termination of contracts) of the Health Care Services (Provider Selection Regime) Regulations 2023^f1, after paragraph (3), insert—

“(4)

A relevant authority must not terminate a contract, whether by reference to provisions in the contract or the implied term in paragraph (3), on the basis of the mandatory exclusion ground in paragraph 35 of Schedule 6 to the Procurement Act 2023 (threat to national security) unless the authority has notified a Minister of the Crown of its intention.

(5)

A relevant authority must not terminate a contract, whether by reference to provisions in the contract or the implied term in paragraph (3), on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 to the Procurement Act 2023 (threat to national security) unless—

(a)

the authority has notified a Minister of the Crown of its intention, and

(b)

the Minister considers that—

(i)

the provider or a sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7 to the Procurement Act 2023, and

(ii)

the contract should be terminated.”.