Part 1E+WPromotion and provision of the health service in England

[F1ProcurementE+W

12ZBProcurement regulationsE+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)

  [F2a 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.

[F312ZCEradicating slavery and human trafficking in supply chainsE+W

(1)The Secretary of State must by regulations make such provision as the Secretary of State thinks appropriate with a view to eradicating the use in the health service in England of goods or services that are tainted by slavery and human trafficking.

(2)The regulations may, in particular, include—

(a)provision in connection with the processes to be followed by public bodies in the procurement of goods or services for the purposes of the health service in England (including provision as to circumstances in which a supplier is excluded from consideration for the award of a contract);

(b)provision as to steps that must be taken by public bodies for assessing and addressing the risk of slavery and human trafficking taking place in relation to people involved in health service supply chains;

(c)provision as to matters for which provision must be made in contracts for goods or services entered into by public bodies for the purposes of the health service in England.

(3)In this section—

• “health service supply chains” means supply chains for providing goods or services for the purposes of the health service in England;

• “public body” means a body exercising functions of a public nature;

• “slavery and human trafficking” has the meaning given by section 54(12) of the Modern Slavery Act 2015;

• “tainted”: goods or services are “tainted” by slavery and human trafficking if slavery and human trafficking takes place in relation to anyone involved in the supply chain for providing those goods or services.]]