The Health Care Services (Provider Selection Regime) Regulations 2023 came into force on 1 January 2024. 

The Provider Selection Regime (or “PSR”) will change the way in which the “relevant authorities” (including ICBs, NHS England, Trusts and Foundation Trusts) procure certain healthcare services and it will also change the way that healthcare providers engage with them to retain existing services and deliver new ones. 

The PSR sets out five methods to allow relevant authorities to award contracts: 

• Direct Award A;
• Direct Award B; 
• Direct Award C;
• the Most Suitable Provider Selection Process; and
• the Competitive Process. 

The flowchart below is designed to provide a useful guide for authorities and providers to understand the decision-making process for choosing the right procedure. 

If you have any questions regarding the PSR, please contact Patrick.Parkin@burges-salmon.com,  Richard.Binns@Burges-salmon.com  or your usual Burges Salmon contact.

PSR: Choosing the Right Process