The Provider Selection Regime (PSR) is a new set of rules for procuring health care services in England. It is set out in the Health Care Services (Provider Selection Regime) Regulations 2023 (the regulations). The regulations are accompanied by statutory guidance (the guidance) to which relevant authorities must have regard.
The Provider Selection Regime came into effect on Monday 1 January 2024.
NHS colleagues involved in the arranging of health care services have asked for further support to help them understand the new requirements of the PSR. These frequently asked questions are intended as an introductory guide to assist organisations when applying the PSR and have been written for that purpose only. They describe a number of scenarios, alongside NHS England’s view of the legal framework and the likely steps required to discharge legal duties.
Each provider selection process will be different. Therefore, this document does not set out an exhaustive list of requirements or offer guidance on how individual processes should be run. It does not replace the need for local consideration when applying the PSR. Those following the PSR should refer to the PSR regulations and the PSR statutory guidance and seek appropriate specialist legal input where necessary.
For the purposes of these frequently asked questions, ‘health care services’ means ‘relevant health care services’ in scope of the regulations, and the ‘arranging of health care services’ refers to when a relevant authority procures relevant health care services under the PSR.
The PSR applies only to ‘relevant authorities’ when arranging health care services – these are:
- NHS England
- integrated care boards (ICBs)
- NHS trusts and NHS foundation trusts
- local or combined authorities