National Health Service Act 2006

[F1 12ZB Procurement regulations E+W

(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—

  (a)

  a combined authority;

  (aa)

  [F2 a combined county authority;]

  (c)

  an integrated care board;

  (d)

  a local authority in England;

  (e)

  NHS England;

  (f)

  an NHS foundation trust;

  (g)

  an NHS trust established under section 25.]

Textual Amendments

F1 S. 12ZB and cross-heading inserted (1.1.2024) by Health and Care Act 2022 (c. 31), ss. 79, 186(6); S.I. 2023/1431, reg. 3(b)

F2 Words in s. 12ZB(7) inserted (26.12.2023) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 164 (with s. 247)