Question
To ask Her Majesty’s Government what is the basis of the statement by Earl Howe on 24 April (Official Report, col. 1512), that “these regulations are declaratory of the existing legal position”; and what will be the effect of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 on those areas of commissioning where there are presently no legally enforceable rules.[HL252]
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.