Marie Curie’s position on the NHS Section 75 Regulations

Marie Curie, alongside Help the Hospices, National Voices, Sue Ryder, and Together for Short Lives, has shared a briefing with Peers that details our concerns about The National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 (known as the Section 75 Regulations).

Our concern is that the regulations as they are worded could have an unintended impact on voluntary sector providers of health services. This is because the Regulations could be interpreted to mean that Commissioners will have to use competitive tendering for almost every contract. Given the administrative and financial burden this would place on clinical commissioning groups, many would tend to bundle services when contracting. The specialism that charities bring means that many, particularly smaller organisations, would be unable to bid for such large contracts.

We are concerned that this could lead to charitable providers being forced out of the market. This would be a real loss for patients, families, and carers. Voluntary sector providers contribute the charitable funds they raise towards patient care on top of the money that they receive from the NHS. If voluntary sector providers were forced from the market, the NHS would struggle to meet the gap left by the absence of charitable funding.

As the briefing makes clear, we know that the Government does not want to exclude voluntary sector providers from delivering NHS services. The prime minister and members of the cabinet have repeatedly stated they want voluntary providers to play a vital role in the newly reformed NHS.

We simply believe that the current wording of the regulations could have unintended consequences for voluntary sector providers and, ultimately, the people and families for whom we provide vital care. We are urging Peers to consider the impact of the regulations on the voluntary sector when they debate the regulations on 24 April.