Procurement

12ZBProcurement regulations

1

Regulations may make provision in relation to the processes to be followed and objectives to be pursued by relevant authorities in the procurement of—

a

health care services for the purposes of the health service in England, and

b

other goods or services that are procured together with those health care services.

2

Regulations under subsection (1) must include provision specifying steps to be taken when following a competitive tendering process.

3

Regulations under subsection (1) must, in relation to the procurement of all health care services to which they apply, make provision for the purposes of—

a

ensuring transparency;

b

ensuring fairness;

c

ensuring that compliance can be verified;

d

managing conflicts of interest.

4

NHS England must publish such guidance as it considers appropriate about compliance with the regulations.

5

A relevant authority must have regard to guidance published under this section.

6

Before publishing guidance under this section, NHS England must obtain the approval of the Secretary of State.

7

In this section—

• “health care service” has the same meaning as in Part 3 of the Health and Social Care Act 2012 (see section 150 of that Act);

• “relevant authority” means—

  1. a

     a combined authority;

  2. b

     an integrated care board;

  3. c

     a local authority in England;

  4. d

     NHS England;

  5. e

     an NHS foundation trust;

  6. f

     an NHS trust established under section 25.