Explanatory note in relation to the application of the Procurement Patient Choice and Competition Regulations from 1 July 2022
From 1 July 2022 clinical commissioning groups have been replaced with integrated care boards (ICBs), Monitor has been abolished and NHS England has taken on most of Monitor’s functions. Under transitional arrangements NHS England has become responsible for investigating and, if necessary, taking action to prevent and/or remedy breaches by commissioners of requirements relating to the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 and the patient choice requirements in the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012.
It is intended that the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 will be revoked and patient choice provisions in the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 will be amended, and new guidance will be issued as part of the ongoing implementation of the Health and Care Act 2022. In the interim, the existing regulations will continue to have effect subject to a number of transitional amendments to reflect the establishment of ICBs and the changed role of NHS England. Therefore, the substantive guidance on the Procurement, Patient Choice and Competition Regulations, and related enforcement guidance on the Procurement, Patient Choice and Competition Regulations, addressed to clinical commissioning groups (CCGs) and NHS England, should be read during the interim period as referring to ICBs and NHS England (in its role as a commissioner). References to Monitor should be read as references to NHS England.
Where a complaint has been brought against a CCG, or investigatory and regulatory actions are ongoing on 1 July 2022, any further steps will be taken against the ICB that succeeds that CCG.
While NHS England will assume responsibility for the regulation of patient choice and selection of providers of NHS services it will at the same time continue to be a commissioner of a range of health services. In order to preserve the independence of NHS England’s regulatory functions, investigations concerning the actions of NHS England will be undertaken by an employee of NHS England with no previous involvement in the matters under review.
Help for commissioners of NHS services on how to purchase high quality healthcare services in line with the rules
The NHS Procurement, Patient Choice and Competition Regulations 2013 implement Section 75 of the Health and Social Care Act 2012.
This guidance is intended to help commissioners make more effective procurement decisions in line with the regulations.