The Health Care Services (Provider Selection Regime) Regulations 2023
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Change 1
20C Notification of exclusion of provider
(1) This regulation applies where— (a) a relevant authority— (i) has excluded an excluded or excludable provider from a procurement process under regulation 20 or 20A, or (ii) is aware of a sub-contractor having been replaced under regulation 20A, and (b) the provider, or an intended sub-contractor, was an excluded or excludable provider because they would have been an excluded or excludable supplier— (i) under section 57(1)(a) or (2)(a) of the Procurement Act 2023 by virtue of a relevant exclusion ground, or (ii) on the basis of being on the debarment list by virtue of paragraph 35 of Schedule 6 (national security) of the Procurement Act 2023. (2) The relevant authority must, before the end of the period of 30 days beginning with the date on which the provider was excluded or replaced, give notice of that fact to a Minister of the Crown. (3) A notice under paragraph (2) must set out any relevant exclusion ground that the authority considers applies to the provider. (4) If the relevant authority receives representations in accordance with regulation 12(3), or is aware of any review proceedings, in respect of the exclusion or replacement, it must give notice to the Minister of the Crown of— (a) the receipt of those representations or commencement of those proceedings or any appeal proceedings; (b) the outcome of the regulation 12 process or of any proceedings within sub-paragraph (2). (5) Notice under— (a) paragraph (4)(a) must be given before the end of the period of 30 days beginning with the day the representations concerned are made or the proceedings concerned are commenced; (b) paragraph (4)(b) must be given before the end of the period of 30 days beginning with the day the regulation 12 process is concluded or the proceedings concerned are determined. (6) In this regulation— “exclusion ground” means a mandatory exclusion ground as set out in Schedule 6 to the Procurement Act 2023, or a discretionary exclusion ground as set out in Schedule 7 to the Procurement Act 2023; “relevant exclusion ground” means any exclusion ground except the one listed in paragraph 43 of Schedule 6 (failure to cooperate with investigation) to the Procurement Act 2023.
20C Notification of exclusion of provider
(1) This regulation applies where— (a) a relevant authority— (i) has excluded an excluded or excludable provider from a procurement process under regulation 20 or 20A, or (ii) is aware of a sub-contractor having been replaced under regulation 20A, and (b) the provider, or an intended sub-contractor, was an excluded or excludable provider because they would have been an excluded or excludable supplier— (i) under section 57(1)(a) or (2)(a) of the Procurement Act 2023 by virtue of a relevant exclusion ground, or (ii) on the basis of being on the debarment list by virtue of paragraph 35 of Schedule 6 (national security) of the Procurement Act 2023. (2) The relevant authority must, before the end of the period of 30 days beginning with the date on which the provider was excluded or replaced, give notice of that fact to a Minister of the Crown. (3) A notice under paragraph (2) must set out any relevant exclusion ground that the authority considers applies to the provider. (4) If the relevant authority receives representations in accordance with regulation 12(3), or is aware of any review proceedings, in respect of the exclusion or replacement, it must give notice to the Minister of the Crown of— (a) the receipt of those representations or commencement of those proceedings or any appeal proceedings; (b) the outcome of the regulation 12 process or of any proceedings within sub-paragraph (2). (5) Notice under— (a) paragraph (4)(a) must be given before the end of the period of 30 days beginning with the day the representations concerned are made or the proceedings concerned are commenced; (b) paragraph (4)(b) must be given before the end of the period of 30 days beginning with the day the regulation 12 process is concluded or the proceedings concerned are determined. (6) In this regulation— “exclusion ground” means a mandatory exclusion ground as set out in Schedule 6 to the Procurement Act 2023, or a discretionary exclusion ground as set out in Schedule 7 to the Procurement Act 2023; “relevant exclusion ground” means any exclusion ground except the one listed in paragraph 43 of Schedule 6 (failure to cooperate with investigation) to the Procurement Act 2023.
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