Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what guidance applies to commissioners of NHS services on disclosure of information during any contracting process.

The guidance which applies to commissioners of National Health Service services will depend upon the specific Regulations they have undertaken their contracting process through. In all instances we would expect the commissioner to adhere to good practice in relation to procurement.

If the contracting process was undertaken following the NHS Procurement, Patient Choice and Competition Regulations 2013 any disclosure of information should be undertaken in line with the Health and Social Care Act 2012.

If the contracting process was undertaken following the Public Contract Regulations 2015 any disclosure of information should be in line with Clause 21.

Commissioners will also need to comply with the disclosure of information requirements in line with the Freedom of Information Act 2000.