The Health Care Services (Provider Selection Regime) Regulations 2023
S.I. 2023/1348 · Made 6 December 2023 · Extends to England and Wales
Health Services, England
Public Procurement, England
Made 6th December 2023
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
- 20AExclusions: sub-contractors
- 20BExcluding a provider that is a threat to national security
- 20CNotification of exclusion of provider
- 20DDebarment
- 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- 27Amendment of the Public Contracts Regulations 2015 consequential on the coming into force of these Regulations Repealed
- 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of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 (S.I. 2013/500) Repealed
- 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