The National Health Service Commissioning Board (Additional Functions) Regulations 2017

Power to conclude and manage framework agreements

4.—(1) The Board 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 the Board and one (or more than one) economic operator (within the meaning of regulation 2 (definitions) of the Public Contracts Regulations 2015(1)), 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(2);

(ii) a medical device within the meaning of regulation 2 (interpretation) of the Medical Devices Regulations 2002(3); and

(iii) a human blood component.

(1)

S.I. 2015/102. Amendments have been made to S.I. 2015/102 but none are relevant to these Regulations.

(2)

Section 260(5) of the 2006 Act defines “medical supplies” as including surgical, dental and optical materials and equipment.

(3)

S.I. 2002/618, as amended. Amendments relevant to these Regulations have been made by S.I. 2008/2936.