Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, whether guidance issued by Monitor is mandatory for NHS England to follow.

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.

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. Guidance issued by Monitor on the regulations, including guidance issued in April, provides advice for commissioners on compliance with the regulations.