The Provider Selection Regime

The Health Care Services (Provider Selection Regime) Regulations 2023 came into force on January 1 2024. 

The regulations can be found here: The Health Care Services (Provider Selection Regime) Regulations 2023 (

Our involvement

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 included advising on the PSR 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 toolkits developed by NHS England to support the introduction of the PSR.

Hempsons is therefore well placed to advise on the implications of this new regime for securing the provision of health care services. Please get in touch with our specialist procurement team if we can assist you with the new rules.

What is the Provider Selection Regime?

The PSR is a new set of regulations offering relevant authorities more flexibility when procuring healthcare services in England. Relevant authorities include:

  • NHS England
  • ICBs
  • NHS trusts and foundation trusts
  • Local and combined authorities

There are three new provider selection processes available:

  • Direct Award processes
    • Direct Award Process A
    • Direct Award Process B
    • Direct Award Process C
  • Most Suitable Provider Process
  • Competitive Process

Some processes must be complied with in certain circumstances, whereas others are for the relevant authority to determine based on the facts of a particular requirement. Four of the five do not require a competitive process.

Goods and services that are not health care services in scope of the PSR must be arranged under the rules governing wider public procurement unless they fall within the definition of a mixed procurement set out in the PSR Regulations.

You can find more information about the PSR and what it means for relevant authorities and suppliers in our resources below.

NHS England’s PSR resources

Hempsons’ PSR resources

In the lead up to and following the introduction of the PSR, we have published a number of useful resources to help you understand how the new regulations apply to you.

PSR articles

PSR podcasts

What does the Provider Selection Regime mean for primary healthcare providers?

Hempsons’ primary care team discuss what GPs and dentists need to know about the PSR.

HSJ SupplyCast

Head of procurement Andrew Daly speaks to HSJ about how the PSR applies to NHS Trusts.

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