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Public procurement regulations and CPC

Public procurement regulations and CPC

We carry out procurement activity on behalf of NHS and other public sector organisations. Our procurements must comply with the applicable public procurement legislation and regulatory requirements.

The rules that apply will depend on the type of procurement and when it commenced. The three regimes most relevant to NOE CPC and our customers are:

The Procurement Act 2023
The Public Contracts Regulations 2015, where the transitional arrangements mean these continue to apply
The Health Care Services (Provider Selection Regime) Regulations 2023 for relevant healthcare services in England

Procurement Act 2023

The Procurement Act 2023 is the principal legislation governing public procurement in England, Wales and Northern Ireland for procurements commenced under the new regime. It came into force on 24 February 2025.

The Act applies to contracting authorities across the public sector, including NHS organisations, subject to its scope and exemptions.
For covered procurements, the Act establishes requirements governing how contracts are procured and awarded. It also places requirements on contracting authorities throughout the procurement and contract management lifecycle.

View the Procurement Act 2023: https://www.legislation.gov.uk/ukpga/2023/54/contents

What about the Public Contracts Regulations 2015?

Although the Procurement Act 2023 introduced the current public procurement regime on 24 February 2025, the Public Contracts Regulations 2015 remain relevant.

Transitional arrangements mean that procurements commenced under the previous legislation continue to be governed by the previous rules.

This is particularly important for contracts and framework agreements established under PCR 2015. Customers using an existing NOE CPC framework should therefore check which procurement regime applies and follow the framework-specific guidance.

Advertising public procurement opportunities

NOE CPC procurements are often collaborative and can involve requirements from multiple NHS or public sector organisations.

Where publication is required, procurement notices are published through Find a Tender, which forms part of the central digital platform under the Procurement Act 2023. Suppliers can use the service to search public procurement opportunities and set up alerts.

Search opportunities on Find a Tender: https://www.find-tender.service.gov.uk/Search

NOE CPC also publishes information about current procurement opportunities through our website.

Light touch contracts

Certain services are treated as light touch contracts under the Procurement Act 2023. The Act defines light touch contracts as a category of public contract and provides rules to apply to them.

Whether a procurement falls within the light touch provisions depends on the services being procured and the applicable legislation.

Healthcare services and the Provider Selection Regime

The Provider Selection Regime, or PSR, is a separate set of rules governing the procurement of relevant healthcare services in England. It came into force on 1 January 2024.

The PSR applies to relevant healthcare services arranged by:

NHS England
Integrated Care Boards
NHS trusts and NHS foundation trusts
Local Authorities
Combined Authorities

It does not generally apply to the procurement of goods or non-healthcare services, unless these form part of a qualifying mixed procurement.

The PSR provides a number of different routes for selecting providers, including Direct Award Processes A, B and C, the Most Suitable Provider Process and the Competitive Process. Relevant authorities must also comply with requirements covering decision making, record keeping and transparency.

NHS England Provider Selection Regime guidance: https://www.england.nhs.uk/commissioning/how-commissioning-is-changing/nhs-provider-selection-regime/

Which rules apply?

The correct procurement regime will depend on factors including:

What is being procured
When the procurement commenced
Whether an existing framework or other commercial arrangement is being used
Whether transitional provisions apply
For healthcare services, whether the requirement falls within the scope of the PSR

If you are using an NOE CPC framework, you should always check the framework-specific customer guidance before beginning an award process.