The NHS Procurement, Patient Choice and Competition Regulations 2013, which were covered in our previous alert have been revised. The revised Regulations take effect on 1st April 2013 (the same date as the original version).
The revisions make it clear that:
- there is no requirement to put all contracts out to competitive tender; the situations in which only a single provider can be used are now broadened.
- Monitor has no power to force the competitive tendering of services.
- The requirement not to behave anti-competitively does not take precedence over the provision of services in an integrated way.
The revised regulations and guidance are available from the Department of Health website.