Regulation 4 Power to conclude and manage framework agreementsI1

England and Wales

(1)

F1NHS England 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 NHS England and one (or more than one) F2supplier, 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^f1;

(ii)

a medical device within the meaning of regulation 2 (interpretation) of the Medical Devices Regulations 2002^f2; and

(iii)

a human blood component.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2: Word in reg. 4(3)(a) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 22(2)

Commencement

I1: Reg. 4 in force at 1.4.2017, see reg. 1

Footnotes

f1: Section 260(5) of the 2006 Act defines “medical supplies” as including surgical, dental and optical materials and equipment.
f2: S.I. 2002/618, as amended. Amendments relevant to these Regulations have been made by S.I. 2008/2936.