Completed Projects

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.