- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
23.—(1) When making decisions in accordance with these Regulations, a relevant authority may seek or otherwise receive independent expert advice.
(2) The provision of information by a relevant authority for the purpose of paragraph (1)—
(a)does not breach any obligation of confidence owed by the relevant authority, but
(b)is subject to any express restriction on disclosure imposed by any enactment (other than a restriction which allows disclosure if authorised by an enactment).
(3) For the purposes of this regulation, “independent expert advice” means advice relating to the procurement of relevant health care services under these Regulations from a person with relevant expertise, qualifications or experience who is made available by, or endorsed by, NHS England or the Secretary of State for that purpose.
(4) Nothing in this regulation prevents the relevant authority seeking or otherwise receiving advice, including advice relating to the procurement of relevant health care services under these Regulations, at any time.
24. A relevant authority must keep a record of—
(a)the name of any provider to whom it awards a contract;
(b)the name of any provider who is a party to a framework agreement;
(c)the address of the registered office or principal place of business of each provider referred to in paragraph (a) or (b);
(d)the decision-making process followed, including the identity of individuals making decisions;
(e)where Direct Award Process C or the Most Suitable Provider Process was followed, a description of the way in which the key criteria were taken into account and the basic selection criteria were assessed when making a decision;
(f)where the Competitive Process was followed, a description of the way in which the key criteria were taken into account, the basic selection criteria were assessed and contract or framework award criteria were evaluated when making a decision;
(g)the reasons for decisions made under these Regulations;
(h)declared conflicts or potential conflicts of interest;
(i)how any conflicts or potential conflicts of interest were managed for each decision;
(j)where a procurement is abandoned, the date on which it is abandoned.
25.—(1) A relevant authority must publish online, on a publicly available website accessible free of charge, an annual summary of its contracting activity for the provision of relevant health care services.
(2) The annual summary must include—
(a)the number of contracts awarded in the year to which the summary relates where Direct Award Process A, Direct Award Process B or Direct Award Process C was followed;
(b)the number of contracts awarded in the year to which the summary relates where the Most Suitable Provider Process was followed;
(c)the number of contracts awarded in the year to which the summary relates where the Competitive Process was followed;
(d)the number of framework agreements concluded in the year to which the summary relates;
(e)the number of contracts awarded based on a framework agreement in the year to which the summary relates;
(f)the number of contracts awarded and modifications made in reliance on regulation 14 (urgent award or modification) in the year to which the summary relates;
(g)the number of new providers to whom a contract was awarded in the year to which the summary relates;
(h)the number of providers who held a contract in the previous year but no longer hold any contracts in the year to which the summary relates;
(i)the number of written representations made in accordance with regulation 12(3) and received during standstill periods which ended in the year to which the summary relates and a summary of the nature and impact of those representations.
26. A relevant authority must—
(a)monitor its compliance with these Regulations, and
(b)publish online, on a publicly available website accessible free of charge, an annual report of the results of that monitoring including information as to how any non-compliance will be addressed.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: