As the health procurement system is politically-influenced, it is important for us at NHS Workforce Alliance to keep ahead of new developments and changes in legislation that affect our ways of working.
Following his presentation at P4H in July 2023, we spoke to Andrew Daly, Partner and Head of Procurement at Hempsons LLP, about the forthcoming Procurement Bill and the anticipated changes it will have on procurement in healthcare.
“As you will all know, the Procurement Bill is currently making its way through Parliament. It is due back in the House of Lords in September 2023. Once the Bill receives Royal Assent, there will be a period of time before the Procurement Act (as it will then be), will come into force. The current estimate is that the Act will be in force in October 2024.
“There have been two consultations on the regulations that will also be introduced. One closed in July 2023, the second closes on 25 August 2023. These regulations seek to set out some more detail around how the new regime will operate and the detail within them will need careful consideration, in particular on the requirements to publish notices.
Provider Selection Regime
“We also await more details on the Provider Selection Regime (PSR) – the new regime for the commissioning of healthcare services. The outcome of a Department of Health and Social Care (DHSC) consultation has just been published. Whilst not providing the detail of how some aspects of the PSR will work, it does indicate that there will be a review panel that will review decisions. We need more specifics to understand the implications.
“For current processes, and likely processes commenced before the new rules come in, the existing rules will continue to apply. These rules themselves have been amended, for example, by tweaks to reflect trade agreements. PPNs are being published – seven so far this year. These should be considered as they provide updates on key areas, for example the new standard Selection Questionnaire (see PPN 03/23). Case law continues to develop too, with a number of important cases so far this year. We can help you keep abreast of these changes.
Training and Support
“And whilst running your current processes, there is a need to consider how the new rules will impact on you. Once the legislation is finalised work can start in earnest on this. We will be providing training and can support you and your teams prepare for what 2024 and beyond holds in terms of procurement law.”
The Cabinet Office will be providing free training on the Procurement Bill and what it means for the public sector. By signing up for the Transforming Public Procurement mailing list, you can be kept up-to-date on when the training becomes available. Alternatively, you can visit the Cabinet Office’s dedicated page on the Procurement Bill.