The Health Care Services (Provider Selection Regime) Regulations 2023
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Change 1
20B Excluding a provider that is a threat to national security
(1) Paragraph (2) applies if the relevant authority intends to exclude a provider under regulation 20 or 20A because it considers the provider, or an intended sub-contractor, is an excludable provider on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 (threat to national security) to the Procurement Act 2023. (2) The relevant authority may not exclude the provider or notify the provider of its intention unless— (a) the authority has notified a Minister of the Crown of its intention, and (b) the Minister of the Crown considers that— (i) the provider or an intended sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and (ii) the provider should be excluded. (3) The reference in paragraph (2) to a relevant authority notifying a provider of its intention is a reference to notification in accordance with regulation 20A(6)(a).
20B Excluding a provider that is a threat to national security
(1) Paragraph (2) applies if the relevant authority intends to exclude a provider under regulation 20 or 20A because it considers the provider, or an intended sub-contractor, is an excludable provider on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 (threat to national security) to the Procurement Act 2023. (2) The relevant authority may not exclude the provider or notify the provider of its intention unless— (a) the authority has notified a Minister of the Crown of its intention, and (b) the Minister of the Crown considers that— (i) the provider or an intended sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and (ii) the provider should be excluded. (3) The reference in paragraph (2) to a relevant authority notifying a provider of its intention is a reference to notification in accordance with regulation 20A(6)(a).
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