The Health Care Services (Provider Selection Regime) Regulations 2023
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Change 1
20 Exclusions
(1) Subject to paragraph (1A), a relevant authority must not award a contract to an excluded provider, or select an excluded provider to be party to a framework agreement, and must exclude an excluded provider from a procurement process under these Regulations. (1A) The relevant authority may award a contract to a provider that is an excluded provider, or select an excluded provider to be party to a framework agreement, on an exceptional basis, if the relevant authority considers that there are overriding reasons relating to the public interest, including public health. (2) The relevant authority may exclude an excludable provider from a procurement process under these Regulations. (6) Where a provider provides evidence in accordance with section 58 of the Procurement Act 2023, and the relevant authority considers such measures to be insufficient, the relevant authority must give the provider a statement of the reasons for that decision. (7) This regulation does not apply to a contract based on a framework agreement.
20 Exclusions
(1) Subject to paragraph (1A), a relevant authority must not award a contract to an excluded provider, or select an excluded provider to be party to a framework agreement, and must exclude an excluded provider from a procurement process under these Regulations. (1A) The relevant authority may award a contract to a provider that is an excluded provider, or select an excluded provider to be party to a framework agreement, on an exceptional basis, if the relevant authority considers that there are overriding reasons relating to the public interest, including public health. (2) The relevant authority may exclude an excludable provider from a procurement process under these Regulations. (6) Where a provider provides evidence in accordance with section 58 of the Procurement Act 2023, and the relevant authority considers such measures to be insufficient, the relevant authority must give the provider a statement of the reasons for that decision. (7) This regulation does not apply to a contract based on a framework agreement.
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