Clinical Commissioning Groups Update: NHS Commissioning Board issues procurement guidance

On 14 September 2012, the NHS Commissioning Board published six procurement briefings for CCGs that summarise the key elements of legislation and guidance governing NHS procurement of healthcare services.

The six briefings provide a good introduction to procurement law and we recommend them as a good starting point for CCGs.  However, as is highlighted in the documents, procurement law and other related areas of law contain far more complexity than these briefings are able to cover.

CCGs will have to comply with the Public Contracts Regulations 2006, as well as overarching EC Treaty Principles, and also relevant NHS guidance (currently the Principles and Rules for Cooperation and Competition and the Procurement Guide for the Commissioners of NHS Funded Services).

The risk of challenge for failing to comply with procurement law and NHS guidance in this area has, unfortunately, never been greater.  We have significant experience in ensuring the legal compliance necessary for the procurement of healthcare services.  Therefore if you have any queries on procurement law implications for CCGs, please do not hesitate to contact us.

You will also note that the Department of Health is currently consulting on Regulations that will replace the Principles and Rules of Cooperation and Competition and the Procurement Guide for Commissioners of NHS Funded Services.  The consultation entitled “Securing Best Value for NHS Patients; Requirements for Commissioners to Adhere to Good Procurement Practice and Protect Patient Choice” was published on the 15 August 2012, with views and comments invited by 26 October 2012.

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