(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;

  (b)

  an integrated care board;

  (c)

  a local authority in England;

  (d)

  NHS England;

  (e)

  an NHS foundation trust;

  (f)

  an NHS trust established under section 25.”