We finally have certainty around the status of the NHS (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 (the 'Regulations'). As our readers in the healthcare sector will be aware, Lord Hunt, Labour's lead on health in the House of Lords, unsuccessfully proposed a motion on 24 April to annul the Regulations made under Section 75 of the Health and Social Care Act 2012. The Regulations, applicable from 1 April 2013, impose a number of obligations on commissioners of healthcare services including, controversially, when services should be put out to tender.
Monitor has now launched a public consultation on its proposed guidance to accompany the Regulations. It is hoped the final guidance will provide further clarity and assistance to commissioners when exercising their commissioning responsibilities. The draft guidance is available here:
New Cabinet Office guidance
Contracting authorities should also note three new publications from the Cabinet Office: