Monitor's Substantive Guidance on the Procurement, Patient Choice and Competition (No.2) Regulations 2013 - January 2014
Published 24 January 2014
The Procurement, Patient Choice and Competition Regulations (No.2) 2013 (the "2013 Regulations") adopt a principles-based approach to regulate how NHS England and Clinical Commissioning Groups procure NHS health care services.
Monitor has now published substantive guidance to ensure that commissioners have operated within the legal framework established by the 2013 Regulations (the “Guidance”). The Guidance gives key examples of behaviour that Monitor thinks would satisfy the 2013 Regulations, and includes a list of questions that commissioners will be expected to answer although makes it clear that there is no one-size-fits-all approach. Monitor has also published guidance on how it will enforce the 2013 Regulations.
This note provides a brief overview of some key points to note and sets out how DAC Beachcroft can assist commissioners.
Now that Monitor has finalised its guidance, Relevant Commissioners should ensure they put processes in place to ensure they comply. This will involve looking at what evidence will be required to ensure that they award NHS health care service contracts to the most appropriate providers, and so that in the event of any complaint they can demonstrate compliance with the 2013 Regulations.
How can DAC Beachcroft Help?
DAC Beachcroft has a number of experts advising Relevant Commissioners and providers on the application of the 2013 Regulations and 2006 Regulations. These experts can assist Relevant Commissioners to develop template documents and processes to ensure compliance with the new regime and can advise in the event of any complaint.
To assist Relevant Commissioners, DAC Beachcroft is running a number of free of charge workshops nationally, the first one being on 4 March 2014 from 9:30am – 1pm in Leeds. The workshops will cover the key issues and challenges coming out of the 2013 Regulations, and practical ways for Relevant Commissioners to comply with the requirements and how they can plan and carry out their commissioning successfully.
Discussion points will include:
- A practical guide to the Regulations and how commissioners can comply;
- The guidance from Monitor;
- Reflections on recent work with commissioners;
- Learnings from the Monitor investigations that DAC Beachcroft have been involved in.
The workshops will be attractive to commissioners from NHS England and Clinical Commissioning Groups, but also local authorities and other organisations who may commission health and social care services with NHS England or Clinical Commissioning Groups.