Working group paper on NHS procurement
This publication sets out the results of work carried out by the PLA’s working group established to assess the legal landscape surrounding the procurement and provision of health services by National Health Service (NHS) commissioners and providers in England.
The systems which govern the commissioning and provision of health care services for the purposes of the NHS in Scotland, Wales and Northern Ireland are structured differently from that which exists in England. The publication accordingly only covers the procurement law regimes which apply to National Health Service commissioners and providers in England, where particular complexities are considered by procurement lawyers to exist.
The publication is arranged in three parts, each dealing with a distinct area of the applicable law, as follows:
- The relationship between EU public procurement law and the domestic regulatory regime applicable to the procurement of health care services for the purposes of the National Health Service in England;
- Remedies available in relation to procurement of healthcare services; and
- The applicability of competition law to the commissioning and provision of health services to the NHS in England, and considerations around integration in the provision of such services.
The PLA hopes that this publication will serve to clarify some areas of legal uncertainty in relation to the public procurement and competition rules applicable to the commissioning and provision of NHS health care services in England, and that it will assist in the development of best practice in this area.
Working Group Papers
- PLA response to the disclosure pilot consultation (February 2018)
- Implementation of certain aspects of the 2014 procurement Directives (July 2017)
- PLA response to European Commission questionnaire for IT stakeholders on public procurement (2 October 2014)
- PLA working group on reforms – the strategic use of public procurement
- PLA working group on procurement reforms – utilities and concessions directives
- PLA working group on procurement reforms – governance
- PLA working group on procurement reforms – flexibilisation
- PLA working group on procurement reforms – Article 84 proposals
- PLA working group on procurement reforms – better access for SMEs
- PLA working group on concessions procurement – response to the European Commission’s consultation
- The use of framework agreements in public procurement (March 2012)
- Shared services working group (January 2011)
- Issues in evaluating public sector tenders (June 2010)
- EU public procurement and land development agreements after the ECJ’s judgement in Jean Auroux v Commune de Roanne (C-220/05) (August 2009)