The National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025
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Change 1
4 Procurement: risk assessment
(1) Unless paragraph (3) applies, a public body undertaking a procurement of any good or service for the purposes of the health service in England must first assess the extent of the modern slavery risk in relation to that good or service. (2) The risk assessment required by paragraph (1) must be completed— (a) where a competitive tendering procedure is being followed, before the public body publishes a notice for the purpose of inviting suppliers to participate in a competitive tendering procedure; (b) in the case of a notifiable below-threshold contract, before the publication of the below-threshold tender notice required by section 87 of the Procurement Act; (c) in any other case, before the contract is awarded to any supplier. (3) Subject to paragraph (4), a public body need not carry out a risk assessment under paragraph (1)— (a) where a contract is awarded in accordance with a framework agreement, provided that a risk assessment has been conducted in relation to the framework agreement as required by regulation 5; (b) where a contract is awarded by reference to a dynamic market, provided that a risk assessment has been conducted in relation to the dynamic market as required by regulation 6. (4) Where a public body has previously carried out a risk assessment and the public body has any reason to suspect that the risk assessment no longer reflects the extent of the modern slavery risk in relation to the good or service in question, the public body may not rely on that risk assessment for the purposes of paragraph (3). (5) In this regulation— “competitive tendering procedure” means— a “competitive tendering procedure” as defined in section 20 of the Procurement Act, or a “Competitive Process” as defined in regulation 2(1) of the Health Care Services (Provider Selection Regime) Regulations 2023; “notifiable below-threshold contract” has the meaning given in section 87(4) of the Procurement Act.
4 Procurement: risk assessment
(1) Unless paragraph (3) applies, a public body undertaking a procurement of any good or service for the purposes of the health service in England must first assess the extent of the modern slavery risk in relation to that good or service. (2) The risk assessment required by paragraph (1) must be completed— (a) where a competitive tendering procedure is being followed, before the public body publishes a notice for the purpose of inviting suppliers to participate in a competitive tendering procedure; (b) in the case of a notifiable below-threshold contract, before the publication of the below-threshold tender notice required by section 87 of the Procurement Act; (c) in any other case, before the contract is awarded to any supplier. (3) Subject to paragraph (4), a public body need not carry out a risk assessment under paragraph (1)— (a) where a contract is awarded in accordance with a framework agreement, provided that a risk assessment has been conducted in relation to the framework agreement as required by regulation 5; (b) where a contract is awarded by reference to a dynamic market, provided that a risk assessment has been conducted in relation to the dynamic market as required by regulation 6. (4) Where a public body has previously carried out a risk assessment and the public body has any reason to suspect that the risk assessment no longer reflects the extent of the modern slavery risk in relation to the good or service in question, the public body may not rely on that risk assessment for the purposes of paragraph (3). (5) In this regulation— “competitive tendering procedure” means— a “competitive tendering procedure” as defined in section 20 of the Procurement Act, or a “Competitive Process” as defined in regulation 2(1) of the Health Care Services (Provider Selection Regime) Regulations 2023; “notifiable below-threshold contract” has the meaning given in section 87(4) of the Procurement Act.
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