PART 1

Health service in England: integration, collaboration and other changes

Patient choice and procurement

Procurement regulations
79
After section 12ZA of the National Health Service Act 2006 insert—

Procurement

Procurement regulations
12ZB
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 combined authority;
  2. an integrated care board;
  3. a local authority in England;
  4. NHS England;
  5. an NHS foundation trust;
  6. an NHS trust established under section 25.
S. 79 not in force at Royal Assent, see s. 186(6)
S. 79 in force at 1.1.2024 by S.I. 2023/1431, reg. 3(b)