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<p>It is the National Health Service (Procurement, Patient Choice and Competition)
(No. 2) Regulations 2013 that place requirements on NHS England, including requirements
as to good practice in relation to procurement.</p><p> </p><p>Enforcement of the procurement
requirements by Monitor may only follow its investigation of a complaint that there
has been a failure by a commissioner to comply with the requirements. Monitor has
published guidance for NHS England and other commissioners of healthcare services
which provides advice on how to comply with the regulations. Monitor expects to follow
the interpretation of the regulations that it has set out in its guidance when exercising
its enforcement powers under the regulations.</p><p> </p><p>In addition, to the extent
that NHS England acts as a commissioner of services, it has a legal duty to have regard
to guidance which Monitor publishes for commissioners of services which are designated
as ‘commissioner requested services’. Before publishing the guidance or any revisions
to it, Monitor must have first consulted NHS England.</p>
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