30.09.14
New procurement regulations delayed until 2016 for NHS
Clinical Commissioning Groups (CCGs) will not have to abide by the government’s incoming 2015 Public Contracts Regulations until 18 April 2016.
The Cabinet Office is currently consulting on draft Public Contract Regulations, which will transpose the 2014 EU Public Procurement Directive into UK law.
The government added that the regulations will make public procurement “faster and less costly” and will lead to better value outcomes for government, industry, and the wider public sector.
“We aim to implement the new Directive for all procurements, except clinical services, earlier than the two years required by the EU,” the Cabinet Office states. “This will enable us to take advantage of the new flexibilities as soon as possible.”
The consultation period ends on 17 October 2014.
However, until April 2016, commissioners of clinical healthcare services will continue with the existing Part B service regime and the Procurement Choice and Competition Regulations 2013 (PCCR 2013).
NHS England said: “The [proposed] light-touch regime will replace the current Part B Services regime that applies alongside the PCCR 2013.
“Until 18 April 2016 in England, CCGs must continue to follow the existing Part B Services regime and the PCCR 2013. Practical guidance setting out the requirements of the light-touch regime will be published in due course.”
Mark Johnson, partner at public services law firm Geldards LLP, told NHE’s sister publication Public Sector Executive: “The draft regulations, which apply to all public sector bodies including schools, academy trusts, housing associations and CCG, contain some surprises.
“They have been prepared using the ‘copy out’ procedure, whereby the text of the directive is transposed into the regulations as far as possible (including, helpfully, the numbering system). This is to avoid accusations of gold-plating the legislation to impose burdens which go further than the EU text.
“Interestingly, NHS commissioners have been given a reprieve from complying with the new Regulations until 18 April 2016, potentially because of the possible political sensitivities about tendering healthcare services in the run-up to the general election.”
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