This updated statutory guidance is issued in accordance with s12ZB(4) of the National Health Service Act 2006.
In accordance with s12ZB(5) of that Act, NHS England, integrated care boards (ICBs), NHS trusts, NHS foundation trusts, local authorities and combined authorities (relevant authorities and each one a relevant authority) must have regard to this guidance when arranging services in scope of the Provider Selection Regime (PSR), as set out in the Health Care Services (Provider Selection Regime) Regulations 2023 (the Regulations), which came into force on 1 January 2024.
Where a relevant authority departs from this guidance it should be able to explain the reasons for doing so and keep appropriate records of its decision-making to do so.
This guidance replaces the PSR statutory guidance that NHS England issued on 18 October 2023. The changes are:
- in response to feedback, redrafted throughout for easier comprehension and navigation
- in particular, the guidance on the most suitable provider process now better explains how it is distinct from the competitive process, in accordance with the Regulations
- amendments arising from the Procurement Act 2023 coming into force on 24 February 2025; in addition to replacing references to the Public Contracts Regulations 2015, the guidance explains how the PSR will draw on the provisions of the Procurement Act relating to the exclusion and debarment of providers
None of these updates represents a major change in policy and none is expected to disrupt processes underway.
Read the full updated guidance
Date: 16 April