The Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before Parliament today
NHS England has published the draft Statutory Guidance and draft associated implementation products
The Health Care Services (Provider Selection Regime) Regulations 2023 (the “Regulations”), have been laid before Parliament today, 19 October.
The draft Statutory Guidance on the Regulations and draft associated implementation products have also been published by NHS England.
Subject to Parliamentary approval, the intention is that the Regulations will come into force on 1 January 2024.
The changes will require relevant authorities (NHS England, ICBs, Trusts and FTs, as well as local authorities/combined authorities) to operate under a new bespoke procurement/commissioning regime when awarding contracts for health care services caught by the new regime.
Working alongside the NHS England policy team and NHS England legal team, Hempsons has advised on the development of the PSR over the past two years. This work has included advising on the regulations themselves (inputting into the drafting of the regulations, the drafting of which was led by DHSC), and the development of the statutory guidance and the toolkits developed by NHS England to support the introduction of the PSR. Hempsons are therefore well placed to advise on the implications of this new regime for securing the provision of health care services.
We will be providing further updates on what the PSR will mean in practice.