The Health Care Services (Provider Selection Regime) Regulations 2023
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Change 1
14 Urgent award or modification
(1) Regulations 6 to 13 are subject to this regulation. (2) Where a relevant authority considers that— (a) an award or modification must be made urgently, (b) the reason for the urgency was not foreseeable by and not attributable to the relevant authority, and (c) delaying the award of the contract or modification to satisfy the requirements of regulations 6 to 13 would be likely to pose a risk to patient or public safety, the relevant authority may award or modify a contract without satisfying the requirements in regulations 6 to 13. (3) Where— (a) a standstill period has begun in accordance with regulation 12(2), (b) the relevant authority has sought independent expert advice in accordance with regulation 23 in the standstill period, (c) there is an existing contract for the relevant health care services to which the proposed contracting arrangement relates and the relevant authority considers that the term of that contract is likely to expire before the end of the standstill period, (d) the relevant authority considers it necessary or expedient to modify the existing contract prior to the new contract taking effect in order to ensure continuity between the existing contract and proposed award of a new contract, and (e) the relevant authority considers that it is not possible to satisfy the requirements of regulations 6 to 13 before the term of the existing contract expires, the relevant authority may modify the existing contract without satisfying the requirements in regulations 6 to 13. (4) Where paragraph (2) applies, the relevant authority must submit a notice for publication on the central digital platform. (5) The notice in paragraph (4) must— (a) be submitted for publication within 30 days of the award or modification of the contract; (b) in the case of an urgent award, include the information set out in Schedule 13; (c) in the case of an urgent modification, include the information set out in Schedule 14.
14 Urgent award or modification
(1) Regulations 6 to 13 are subject to this regulation. (2) Where a relevant authority considers that— (a) an award or modification must be made urgently, (b) the reason for the urgency was not foreseeable by and not attributable to the relevant authority, and (c) delaying the award of the contract or modification to satisfy the requirements of regulations 6 to 13 would be likely to pose a risk to patient or public safety, the relevant authority may award or modify a contract without satisfying the requirements in regulations 6 to 13. (3) Where— (a) a standstill period has begun in accordance with regulation 12(2), (b) the relevant authority has sought independent expert advice in accordance with regulation 23 in the standstill period, (c) there is an existing contract for the relevant health care services to which the proposed contracting arrangement relates and the relevant authority considers that the term of that contract is likely to expire before the end of the standstill period, (d) the relevant authority considers it necessary or expedient to modify the existing contract prior to the new contract taking effect in order to ensure continuity between the existing contract and proposed award of a new contract, and (e) the relevant authority considers that it is not possible to satisfy the requirements of regulations 6 to 13 before the term of the existing contract expires, the relevant authority may modify the existing contract without satisfying the requirements in regulations 6 to 13. (4) Where paragraph (2) applies, the relevant authority must submit a notice for publication on the central digital platform. (5) The notice in paragraph (4) must— (a) be submitted for publication within 30 days of the award or modification of the contract; (b) in the case of an urgent award, include the information set out in Schedule 13; (c) in the case of an urgent modification, include the information set out in Schedule 14.
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