DHSC to introduce the PSR regulations into Parliament on 19 October 2023

It has been announced today by NHS England that the DHSC plans to introduce the Provider Selection Regime (PSR) regulations into Parliament on 19 October 2023. Subject to parliamentary scrutiny, DHSC intends for the PSR regulations to come into force on 1 January 2024.

The changes will require relevant authorities (NHS England, ICBs, Trusts and FTs, as well as local authorities/combined authorities) to operate under a new bespoke procurement/commissioning regime when awarding contracts for health care services caught by the new regime.

Working alongside the NHS England policy team and NHS England legal team, Hempsons has advised on the development of the PSR over the past two years. This work has included advising on the regulations themselves (inputting into the drafting of the regulations, the drafting of which was led by DHSC), and the development of the statutory guidance and the toolkits developed by NHS England to support the introduction of the PSR.  Hempsons are therefore well placed to advise on the implications of this new regime for securing the provision of health care services.

Once the regulations are laid, we will be providing updates on what the PSR will mean in practice.

We will also be sending out invites to webinars that will examine the changes and what the new regime will mean in practice. They will be hosted by Andrew Daly, partner and head of procurement, who led the Hempsons team advising NHS England. Andrew will be joined by Michael Rourke, partner, who also advised.