Collection

Procurement, choice and competition in the NHS: documents and guidance

Guidance and information about NHS procurement, choice and competition for healthcare providers and commissioners.

• From: Monitor
• Published: 22 May 2014
• Last updated: 13 November 2015 — See all updates

The rules that govern procurement, choice and competition in the NHS are set out in:

• the NHS provider licence
• the Competition Act 1998
• the Procurement, Patient Choice and Competition Regulations 2013

Monitor’s role is to make sure that procurement, choice and competition operate in the best interests of patients and to step in if anti-competitive behaviour by NHS commissioners or providers goes against patients’ interests.

Further information on NHS choice and competition can be found on our blog.

Contact Monitor

Find out how to contact Monitor for informal advice or to make a formal complaint.

• NHS procurement, choice and competition: ask a question or make a complaint
  • 2 May 2014
  • Guidance
• Integrated care: ask a question or make a complaint
  • 27 March 2015
  • Guidance

Guidance

The following documents include rules and guidance relating to procurement, choice and competition and Monitor’s approach to enforcing them.

• Procurement, patient choice and competition regulations: guidance
  • 19 December 2013
  • Statutory guidance
• NHS healthcare providers: working with choice and competition
  • 12 September 2014
  • Guidance
• Choice and competition: hypothetical scenarios for NHS healthcare providers
  • 12 September 2014
  • Guidance
• Integrated care licence condition: guidance for providers of NHS-funded services
  • 27 March 2015
  • Statutory guidance

Formal investigations

This is a list of current and closed investigations undertaken by Monitor under the procurement, choice and competition regulations.

For formal investigations undertaken by the Co-operation and Competition Panel (from 2009 to 2013) please visit the National Archives’ website.

• Case: Investigation into the commissioning of elective services in North East London
  • 5 August 2016
  • Notice
• Case: Investigation into the commissioning of complex adult community services in East Devon
  • 26 August 2015
  • Notice
• Case: Investigation into the commissioning of elective services in Blackpool, Fylde and Wyre
  • 20 March 2015
  • Notice
• Case: Investigation into the commissioning of radiosurgery services in Yorkshire and Humber
  • 4 April 2014
  • Decision
• Case: Investigation into the commissioning of cancer services in Manchester
  • 31 January 2014
  • Decision

Projects

Information on projects carried out by Monitor.

• Making choice work well in NHS adult hearing services: resources for commissioners
  • 10 November 2015
  • Guidance
• Improving GP services: commissioners and patient choice
  • 1 June 2015
  • Research and analysis
• Exploring how choice is working in NHS adult hearing services
  • 5 March 2015
  • Consultation outcome
• NHS walk-in centre services in England: review
  • 19 February 2014
  • Research and analysis
• General practice services: research project
  • 3 December 2014
  • Consultation outcome
• Improving community services
  • 22 January 2015
  • Research and analysis

Mergers

Advice and guidance on mergers.

For merger cases conducted by the Co-operation and Competition Panel (from 2009 to 2013) please visit the National Archives’ website.

• Supporting NHS providers considering transactions and mergers
  • 26 August 2015
  • Guidance
• Supporting NHS foundation trusts considering a merger: proposed approach
  • 12 May 2014
  • Consultation outcome
• Assessing public hospital mergers
  • 17 October 2013
  • Guidance
• Merger rules: how they affect pathology service reconfigurations
  • 3 June 2013
  • Guidance
• Merger benefits for NHS foundation trusts: Monitor's draft guidance
  • 27 March 2013
  • Consultation outcome
• Reviewing mergers involving NHS trusts and NHS foundation trusts
  • 22 March 2013
  • Guidance
• Advice to the Competition and Markets Authority (CMA) on the relevant customer benefits of an anticipated pathology joint venture in south east England
  • 29 August 2014
  • Guidance
• Merger of pathology services of Southport and Ormskirk Hospital and St Helens and Knowsley Teaching Hospitals
  • 11 July 2014
  • Notice
• Heatherwood and Wexham Park Hospitals NHS Foundation Trust: advice on proposed merger
  • 4 June 2014
  • Guidance
• Case: Proposed merger of University Hospitals Bristol and North Bristol NHS Trust
  • 20 September 2013
  • Decision
• Case: Proposed merger of Royal Free and Barnet and Chase Farm Hospitals
  • 13 August 2013
  • Decision
• Neurosurgery at the Royal Free and UCLH: advice on transfer of services
  • 6 March 2013
  • Guidance
• Brighton and Sussex and Surrey and Sussex pathology services: advice on proposed merger
  • 12 March 2014
  • Guidance

Published 22 May 2014
Last updated 13 November 2015 + show all updates

1. 13 November 2015

   Added resources for commissioners on making choice work well in NHS adult hearing services.

2. 21 October 2015

   Link to Improving community services project page added

3. 5 August 2014

   We've added new guidance on mergers and transactions to the collection.

4. 22 May 2014

   First published.