Health Service Procurement (Wales) Act 2024

3 Procurement of services etc. as part of the NHS in Wales E+W

(1) The National Health Service (Wales) Act 2006 (c. 42) is amended as follows.

(2) After section 10 insert—

“Procurement E+W

10A Procurement of services etc. as part of the NHS in Wales

(1) The Welsh Ministers may, by regulations, make provision in relation to the processes to be followed and objectives to be pursued by relevant authorities in the procurement of—

(a) services provided as part of the health service in Wales (“health services”), and

(b) goods or other services that are connected to those health 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 the services or goods 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) Before making regulations under subsection (1), the Welsh Ministers must carry out such consultation as they consider appropriate and publish a summary of the responses they receive.

(5) Explanatory material accompanying regulations made under subsection (1) must set out how the regulations make provision for the purposes of subsection (3).

(6) The Welsh Ministers must publish such guidance as they consider appropriate about compliance with the regulations.

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

(8) The Welsh Ministers must—

(a) review the operation of the regulations, and

(b) publish the conclusions of the review before the end of the period of 5 years beginning with the day on which the regulations come into force.

(9) In this section “relevant authority” means—

(a) a county council or county borough council in Wales;

(b) a local health board established under section 11;

(c) a National Health Service trust established under section 18;

(d) a special health authority established under section 22.”

(3) In section 203(6), before “section 25B(3)(c)” insert “section 10A(1),”.

Commencement Information

I1 S. 3 in force at 6.2.2024, see s. 4