Crackdown on modern slavery risks in NHS procurement
The introduction of the National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025
Public bodies (meaning public authorities as defined in s2(2) of the Procurement Act and relevant authorities as set out in section 12ZB(7) of the National Health Service Act 2006) across England will soon face new legal duties aimed at eliminating modern slavery and human trafficking risks from NHS supply chains, following the introduction of the National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025 (SI 2025/1212) (the “Regulations”).
The Regulations are set to come into force on 17 May 2026.
A mandatory risk assessment regime
Under the Regulations, public bodies procuring goods or services for use in the health service in England must conduct a modern slavery risk assessment in relation to those goods and services.
Where a competitive tendering procedure (as defined in section 20 of the Procurement Act 2023) or a competitive process (as defined in regulation 2(1) of the Health Care Services (Provider Selection Regime) Regulations 2023) is being followed, public bodies must complete the modern slavery risk assessment before publishing a notice inviting suppliers to participate in a competitive tendering procedure.
For notifiable below‑threshold contracts (as defined in section 87(4) of the Procurement Act), the assessment must be completed before the publication of the below-threshold tender notice required by section 87 of the Procurement Act 2023.
In all other cases, the assessment must be finalised before awarding the contract.
These timing requirements are designed to ensure that modern‑slavery risk is considered early, not as a post‑award compliance step, embedding due diligence directly into the procurement workflow.
Exceptions for frameworks and dynamic markets
If a contract is awarded in accordance with a framework agreement (a call-off from the framework), the public body does not need to conduct a new risk assessment—provided a compliant assessment was carried out when the framework itself was established.
A public body calling off a framework is responsible for confirming a risk assessment has been conducted by the framework owner that is aligned to the Regulations and any NHS England guidance. If the risk assessment is not up to date, or the public body is aware of a triggering event for reassessment, the public body must inform the framework owner, who is then required to undertake a reassessment of modern slavery risk for the framework and respond to that risk in accordance with the Regulations.
A similar exemption applies when awarding contracts through a dynamic market, where the required risk assessment must already have been completed at the dynamic market level.
If a public body has previously completed a slavery risk assessment but has any reason to believe that it no longer reflects the current level of modern‑slavery risk for the relevant good or service, it cannot rely on that earlier assessment.
Reasonable steps required to mitigate or eliminate risk
Once a public body has completed the required risk assessment, it must take reasonable steps to address—and, where possible, eliminate—any modern slavery risks identified. These steps must be taken at the following stages:
- When designing the procurement process for the purposes of awarding the contract or concluding a framework agreement
- When establishing the dynamic market
- When setting the terms of the contract or framework agreement, or the conditions for joining a dynamic market
- When managing any contract awarded as a result of the procurement, including those awarded in accordance with a framework; any contract awarded by reference of a dynamic market; the framework agreement; and the dynamic market
Any reasonable steps taken must be both proportionate to the level of risk identified and relevant to the particular contract, framework agreement, or dynamic market involved.
Reasonable steps in the procurement process
To meet the requirements of taking reasonable steps, a public body may include:
- Setting measures that directly address modern‑slavery risk, such as the conditions of participation in the procurement or the criteria used to assess tenders when awarding a contract, entering into a framework agreement, or admitting suppliers to a dynamic market
- Safeguards designed to monitor and address modern‑slavery risks, such as appropriate terms for any contract awarded through the procurement or under a framework agreement, and appropriate conditions for membership of the dynamic market
Ongoing monitoring and re‑assessment duties
Public bodies must take reasonable steps to manage modern‑slavery risks throughout the life of a contract, framework agreement, or dynamic market. These steps may include checking that suppliers are complying with the terms of their contract, the framework agreement, or the rules of the dynamic market; making sure suppliers respond to any reports or concerns about slavery or human trafficking that has been brought to the public body’s attention; and reassessing the level of modern‑slavery risk when needed.
Public bodies must regularly re-assess the level of modern‑slavery risk in any framework agreement or dynamic market they have created. When deciding how often to reassess, they must consider what the framework agreement or dynamic market covers and whether frequent reassessment is proportionate, taking into account the type of market; the extent of the modern slavery risk in that market sector, considering the last risk-assessment, and any other information received subsequently by the public body; and how long the framework or dynamic market will run.
A new reassessment must be done as soon as practical if there is reason to think the last assessment is now outdated; the framework or dynamic market has changed significantly; or any other aspects of its management show that a reassessment is needed. After reassessing, the public body must review and update its actions to ensure it continues to take reasonable steps to address—and where possible eliminate—any modern‑slavery risks identified.
NHS England to publish final guidance
The Regulations give NHS England the authority to publish statutory guidance as it considers appropriate about compliance with these Regulations (click here for NHS England current Tackling modern slavery in NHS procurement (post consultation updated draft guidance). Public bodies must have regard to any guidance issued by NHS England.
Conclusion
The Regulations represent a significant strengthening of the NHS’s responsibilities in tackling modern‑slavery risks within its supply chains. By embedding mandatory risk assessments at the outset of the procurement process, imposing proportionate “reasonable steps” at all stages of the contracts lifecycle, and requiring continuous monitoring and reassessment, the Regulations move NHS procurement away from passive compliance and towards active, ongoing due‑diligence.
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