Keeping up to date on the Procurement Bill

As the health procurement system is politically-influenced, it is important for us to keep ahead of new developments and changes in legislation that affect our ways of working.

With this in mind, Andrew Daly, Partner and Head of Procurement at Hempson LLP gave us his thoughts about the changes coming with the new Procurement Bill.

“As you will all know, the Procurement Bill is currently making its way through Parliament. It is due back in the House of Lords in September. Once the Bill receives Royal Assent, there will be a period of time before the Procurement Act (as it will then be), will come into force. The current estimate is that the Act will be in force in October 2024.

“There have been two consultations on the regulations that will also be introduced. One closed last month, the second closes on 25 August 2023. These regulations seek to set out some more detail around how the new regime will operate and the detail within them will need careful consideration, in particular on the requirements to publish notices.

“We also await more details on the Provider Selection Regime (PSR) – the new regime for the commissioning of healthcare services. The outcome of a Department of Health and Social Care (DHSC) consultation has just been published. Whilst not providing the detail of how some aspects of the PSR will work, it does indicate that there will be a review panel that will review decisions. We need more specifics to understand the implications.

“For current processes, and likely processes commenced before the new rules come in, the existing rules will continue to apply. These rules themselves have been amended, for example, by tweaks to reflect trade agreements. PPNs are being published – seven so far this year. These should be considered as they provide updates on key areas, for example the new standard Selection Questionnaire (see PPN 03/23). Case law continues to develop too, with a number of important cases so far this year. We can help you keep abreast of these changes.

“And whilst running your current processes, there is a need to consider how the new rules will impact on you. Once the legislation is finalised work can start in earnest on this. We will be providing training and can support you and your teams prepare for what 2024 and beyond holds in terms of procurement law.”

Hempsons is one of the awarded suppliers on the NOE CPC Legal Services framework.
If you would like to access the legal services framework, or to discuss support that NHS LPP can offer with regards to the procurement of legal services, please contact Jez Rumsey within the Estates, Facilities, and Corporates Services Team at Jez.rumsey@lpp.nhs.uk

NHS LPP members - please save the date

Andrew Daly will be hosting our fourth Procurement Legal Surgery on Wednesday 18 October from 10am until 12 noon, online via Microsoft Teams.

The webinar is exclusively for NHS LPP members. Please save the date in your diary and look out for details on how to register when further information is released in September.