Question
To ask Her Majesty’s Government, further to the remarks by Earl Howe on 24 April (Official Report, col. 1508), what evidence they have to support the statement that the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 do not change the law governing competitive tendering of health services.[HL249]
Answer
The National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 are entirely consistent with the existing Public Contracts Regulations 2006, which transpose European Union procurement law to the United Kingdom. The Public Contracts Regulations apply to all procurement by NHS commissioners and are legally enforceable. The regulations go no further than existing requirements.