The National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025
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Change 1
8 Reasonable steps: procurement process
(1) Reasonable steps for the purposes of regulation 7(1)(a), (b) and (c) may include— (a) setting— (i) the conditions of participation in the procurement process, and (ii) the criteria against which tenders may be assessed for the purpose of awarding a contract or concluding a framework agreement, or admitting a supplier to membership of a dynamic market, to address the modern slavery risk; (b) providing for— (i) appropriate terms in any contract awarded as a result of the procurement or under the framework agreement, and (ii) appropriate conditions for membership of the dynamic market, to monitor and address the modern slavery risk. (2) Appropriate terms for the purposes of paragraph (1)(b)(i) may include requirements for the supplier— (a) to undertake due diligence on the modern slavery risk which may arise in relation to any sub-contractor or other participant in the supply chain which the supplier intends to use; (b) to include specified terms requiring measures to address the modern slavery risk in any contract entered into by the supplier with a sub-contractor or other participant in the supply chain to fulfill the supplier’s obligations under the contract awarded to the supplier; (c) to report to the public body the names and contact details for any such sub-contractor or other participant in the supply chain; (d) to keep records enabling the supply chain of the goods or services in question to be traced; (e) to make those records available to the public body, or any person authorised by the public body on request; (f) to take any necessary corrective action or reasonable steps to remedy identified incidences of slavery and human trafficking; (g) to co-operate with any investigation into— (i) an offence referred to in paragraphs 19 to 26 of Schedule 6 to the Procurement Act, (ii) compliance in connection with any order referred to in paragraph 1 of Schedule 7, to the Procurement Act, or (iii) a potential breach of the terms of the contract. (3) In this regulation, “conditions of participation” means the conditions that a supplier must satisfy if the supplier is to be awarded the contract.
8 Reasonable steps: procurement process
(1) Reasonable steps for the purposes of regulation 7(1)(a), (b) and (c) may include— (a) setting— (i) the conditions of participation in the procurement process, and (ii) the criteria against which tenders may be assessed for the purpose of awarding a contract or concluding a framework agreement, or admitting a supplier to membership of a dynamic market, to address the modern slavery risk; (b) providing for— (i) appropriate terms in any contract awarded as a result of the procurement or under the framework agreement, and (ii) appropriate conditions for membership of the dynamic market, to monitor and address the modern slavery risk. (2) Appropriate terms for the purposes of paragraph (1)(b)(i) may include requirements for the supplier— (a) to undertake due diligence on the modern slavery risk which may arise in relation to any sub-contractor or other participant in the supply chain which the supplier intends to use; (b) to include specified terms requiring measures to address the modern slavery risk in any contract entered into by the supplier with a sub-contractor or other participant in the supply chain to fulfill the supplier’s obligations under the contract awarded to the supplier; (c) to report to the public body the names and contact details for any such sub-contractor or other participant in the supply chain; (d) to keep records enabling the supply chain of the goods or services in question to be traced; (e) to make those records available to the public body, or any person authorised by the public body on request; (f) to take any necessary corrective action or reasonable steps to remedy identified incidences of slavery and human trafficking; (g) to co-operate with any investigation into— (i) an offence referred to in paragraphs 19 to 26 of Schedule 6 to the Procurement Act, (ii) compliance in connection with any order referred to in paragraph 1 of Schedule 7, to the Procurement Act, or (iii) a potential breach of the terms of the contract. (3) In this regulation, “conditions of participation” means the conditions that a supplier must satisfy if the supplier is to be awarded the contract.
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