The National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025
These Regulations mandate that public bodies must assess the modern slavery risk associated with procuring goods or services for the health service in England, requiring them to take reasonable, proportionate steps to address or eliminate those risks during procurement design, contract management, and throughout the lifecycle of framework agreements and dynamic markets, with guidance to be issued by NHS England.
Arguments For
Establishes a mandatory due diligence process for public bodies procuring goods and services for the English health service, directly targeting modern slavery risks in supply chains.
Requires proportionate and relevant steps throughout the procurement lifecycle—from design to management—to address or eliminate identified risks.
Provides clarity on risk assessment timing for various procurement routes (competitive tendering, below-threshold contracts, framework agreements, dynamic markets).
Imposes ongoing management responsibility by mandating regular reassessments of risk for framework agreements and dynamic markets.
Arguments Against
Potential for increased administrative burden and compliance costs for public bodies, particularly SMEs involved in NHS supply contracts.
The effectiveness relies heavily on the definition and application of 'reasonable steps' and whether enforcement mechanisms are stringent enough.
Exemptions for certain services, such as contracts of employment or arrangements for remuneration of individuals appointed to public office, might create loopholes in due diligence.
Periodic reassessments for long-term agreements (frameworks/dynamic markets) may be disruptive or resource-intensive.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 12ZC and 272(7) and (8) of the National Health Service Act 2006 (“the Act”).
A draft of this instrument has been laid before, and approved by, a resolution of each House of Parliament in accordance with section 272(6)(zzf) of the Act.
The Secretary of State enacted these Regulations using powers granted under sections 12ZC and 272(7) and (8) of the National Health Service Act 2006.
Parliament approved a draft of this instrument through resolutions in both Houses before it could come into force.
- Citation, commencement, extent and application (1) These Regulations may be cited as the National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025.
(2) These Regulations come into force at the end of the period of six months beginning with the day on which these Regulations are made.
(3) They extend to England and Wales, and apply to England.
The official citation for this legislation is the National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025.
The rules become active six months after the date they are officially made.
The regulations apply geographically to England and Wales but their substantive requirements only apply to activities within England.
- Interpretation In these Regulations—
“dynamic market” means arrangements established by a public body for the purpose of a public body awarding contracts by reference to suppliers’ participation in the arrangements, and “membership of a dynamic market” means participation in those arrangements;
“framework agreement” is an agreement between a public body and one or more suppliers that provides for the future award of contracts by a public body to the supplier or suppliers;
“modern slavery risk” in relation to a good or service means the risk that slavery and human trafficking takes place in relation to any person involved in the supply chain for that good or service;
“procurement” means the award, entry into and management of a contract, and cognate expressions are to be construed accordingly;
“the Procurement Act” means the Procurement Act 2023;
“public body” means— (a) a public authority within the meaning given in section 2(2) of the Procurement Act, (b) a public undertaking within the meaning given in section 2(2) of the Procurement Act, or (c) a relevant authority within the meaning given in section 12ZB(7) of the National Health Service Act 2006.
This section defines several key terms used throughout the text.
A 'dynamic market' refers to a procurement setup allowing a public body to award contracts based on supplier participation in those arrangements.
A 'framework agreement' sets out terms for awarding future contracts to pre-selected suppliers.
The critical term, 'modern slavery risk,' defines the risk of slavery or trafficking occurring within the supply chain of a specific good or service. 'Procurement' covers the entire process of awarding, entering into, and managing contracts, and refers to the Procurement Act 2023 for certain definitions.
A 'public body' includes public authorities, public undertakings, and specified relevant authorities under the 2006 Health Service Act.
- Application (1) These Regulations apply to a public body procuring goods or services other than items excluded by paragraph (2) if any of the goods and services being procured are to be used for the purposes of the health service in England.
(2) The following items are excluded from paragraph (1), for the purposes of these Regulations— (a) services provided pursuant to— (i) a contract of employment or a worker’s contract, within the meaning of section 230 of the Employment Rights Act 1996, or (ii) any other contract or arrangement between a public body and an individual for the remuneration or compensation of that individual where they are appointed to a public office by the public body, including as— (aa) a non-executive director of a public authority, or (bb) a member of a public inquiry; (b) an interest in, or right over, any land, buildings or part of a building; (c) any goods, services or works provided to the Common Council of the City of London other than for the purposes of its functions as a local authority, police authority or port health authority.
These Regulations apply when a public body buys goods or services intended for use by the health service in England, unless the procurement falls under specific exclusions listed in paragraph (2).
Excluded services primarily involve individuals providing personal labour under contracts of employment or worker contracts, or individuals being paid to hold a public office, such as a non-executive director or public inquiry member.
Furthermore, transactions involving land or property rights are excluded.
Goods or services supplied to the Common Council of the City of London are excluded unless they relate to the Council's specific local authority, police, or port health functions.
- Procurement: risk assessment (1) Unless paragraph (3) applies, a public body undertaking a procurement of any good or service for the purposes of the health service in England must first assess the extent of the modern slavery risk in relation to that good or service.
(2) The risk assessment required by paragraph (1) must be completed— (a) where a competitive tendering procedure is being followed, before the public body publishes a notice for the purpose of inviting suppliers to participate in a competitive tendering procedure; (b) in the case of a notifiable below-threshold contract, before the publication of the below-threshold tender notice required by section 87 of the Procurement Act; (c) in any other case, before the contract is awarded to any supplier.
(3) Subject to paragraph (4), a public body need not carry out a risk assessment under paragraph (1)— (a) where a contract is awarded in accordance with a framework agreement, provided that a risk assessment has been conducted in relation to the framework agreement as required by regulation 5; (b) where a contract is awarded by reference to a dynamic market, provided that a risk assessment has been conducted in relation to the dynamic market as required by regulation 6.
(4) Where a public body has previously carried out a risk assessment and the public body has any reason to suspect that the risk assessment no longer reflects the extent of the modern slavery risk in relation to the good or service in question, the public body may not rely on that risk assessment for the purposes of paragraph (3).
(5) In this regulation— “competitive tendering procedure” means— (a) a “competitive tendering procedure” as defined in section 20 of the Procurement Act, or (b) a “Competitive Process” as defined in regulation 2(1) of the Health Care Services (Provider Selection Regime) Regulations 2023; “notifiable below-threshold contract” has the meaning given in section 87(4) of the Procurement Act.
When procuring any NHS good or service in England, the public body must generally assess the modern slavery risk first, unless certain exceptions apply.
The timing for this assessment is specific: it must occur before publishing a tender notice for competitive procedures or before awarding a contract for below-threshold contracts.
An assessment is not required for individual contracts awarded under a pre-existing framework agreement or dynamic market if those agreements themselves have already undergone the required risk assessment under Regulations 5 or 6.
However, if the public body suspects an existing risk assessment is outdated, they cannot rely on it for exemption purposes.
- Framework agreement: risk assessment (1) A public body proposing to enter into a framework agreement which includes the supply of any good or service for the purposes of the health service in England must first assess the extent of the modern slavery risk in relation to that good or service which may be supplied under a contract awarded in accordance with the framework agreement.
(2) The risk assessment required by paragraph (1) must be completed before the public body advertises the opportunity to participate in the framework agreement.
If a public body intends to create a framework agreement covering NHS goods or services in England, it must assess the modern slavery risk associated with all goods or services potentially supplied under that agreement.
This assessment must be completed before the public body advertises the chance for suppliers to join the framework.
- Dynamic market: risk assessment (1) A public body proposing to establish a dynamic market must first assess the extent of the modern slavery risk in relation to any good or service which may be supplied for the purposes of the health service in England under a contract awarded to a supplier by reference to the supplier’s membership of the dynamic market.
(2) The risk assessment required by paragraph (1) must be completed before the public body establishes the dynamic market.
Before setting up a dynamic market mechanism for potential NHS supply contracts in England, the public body must assess the modern slavery risk across any goods or services that might be procured through that market.
This proactive risk assessment must be concluded before the dynamic market is officially established.
- Requirement to take reasonable steps (1) When a public body has carried out the risk assessment required under regulation 4, 5 or 6, the public body must take reasonable steps to address and where practicable eliminate any modern slavery risk identified in that assessment— (a) when designing the procurement procedure for the purposes of awarding the contract or concluding the framework agreement, (b) when establishing the dynamic market, (c) when setting— (i) the terms of the contract or framework agreement, or (ii) the conditions for membership of the dynamic market, and (d) in managing— (i) any contract awarded as a result of the procurement, including contracts awarded in accordance with a framework agreement, (ii) any contract awarded by reference to the dynamic market, (iii) the framework agreement, or (iv) the dynamic market, for the duration of the term of the contract, framework agreement, or dynamic market, as applicable.
(2) The reasonable steps taken in response to the requirement in paragraph (1) must be— (a) proportionate to the extent of the assessed risk, and (b) relevant to the contract, the framework agreement or to the dynamic market, as the case may be.
After completing a required risk assessment, the public body has a duty to take reasonable steps to manage and, if possible, remove any identified modern slavery risk.
These steps must be integrated into designing the procurement process, establishing any dynamic market, and setting the terms/conditions for contracts, frameworks, or market membership.
This duty to monitor and address risks persists throughout the entire duration of the ensuing contract or agreement.
Any steps taken must be proportionate to the level of risk found and directly relevant to the specific procurement mechanism involved.
- Reasonable steps: procurement process (1) Reasonable steps for the purposes of regulation 7(1)(a), (b) and (c) may include— (a) setting— (i) the conditions of participation in the procurement process, and (ii) the criteria against which tenders may be assessed for the purpose of awarding a contract or concluding a framework agreement, or admitting a supplier to membership of a dynamic market, to address the modern slavery risk; (b) providing for— (i) appropriate terms in any contract awarded as a result of the procurement or under the framework agreement, and (ii) appropriate conditions for membership of the dynamic market, to monitor and address the modern slavery risk.
(2) Appropriate terms for the purposes of paragraph (1)(b)(i) may include requirements for the supplier— (a) to undertake due diligence on the modern slavery risk which may arise in relation to any sub-contractor or other participant in the supply chain which the supplier intends to use; (b) to include specified terms requiring measures to address the modern slavery risk in any contract entered into by the supplier with a sub-contractor or other participant in the supply chain to fulfill the supplier’s obligations under the contract awarded to the supplier; (c) to report to the public body the names and contact details for any such sub-contractor or other participant in the supply chain; (d) to keep records enabling the supply chain of the goods or services in question to be traced; (e) to make those records available to the public body, or any person authorised by the public body on request; (f) to take any necessary corrective action or reasonable steps to remedy identified incidences of slavery and human trafficking; (g) to co-operate with any investigation into— (i) an offence referred to in paragraphs 19 to 26 of Schedule 6 to the Procurement Act, (ii) compliance in connection with any order referred to in paragraph 1 of Schedule 7, to the Procurement Act, or (iii) a potential breach of the terms of the contract.
(3) In this regulation, “conditions of participation” means the conditions that a supplier must satisfy if the supplier is to be awarded the contract.
Reasonable steps taken during the design phase of procurement can involve setting participation conditions and tender assessment criteria specifically to mitigate modern slavery risks.
Provisions can also be built into the resulting contracts and dynamic market membership conditions to allow for monitoring and risk management.
Contractual terms for suppliers might require them to conduct due diligence on their own subcontractors, cascade risk mitigation requirements down the supply chain, report supply chain details, keep traceable records, remedy any slavery incidents, and fully cooperate with any resulting investigations under the Procurement Act.
- Reasonable steps: contract management for contracts, framework agreements and dynamic markets Reasonable steps for the purposes of regulation 7(1)(d) and regulation 10(4) may include— (a) monitoring the supplier’s compliance with— (i) the terms of the contract or framework agreement, or (ii) the conditions of membership of the dynamic market; (b) ensuring that there is a response from the supplier to any instance of slavery and human trafficking which is brought to the public body’s attention; (c) reassessing the extent of the modern slavery risk; (d) taking such action as may be reasonably required to address any new risks which are identified by the reassessment carried out under sub-paragraph (c) or regulation 10.
Reasonable steps during the management phase of an active contract, framework, or dynamic market include monitoring supplier adherence to established terms or membership conditions.
Public bodies must ensure their suppliers respond appropriately if any instances of modern slavery arise. Furthermore, contract management involves regular reassessment of the modern slavery risk and taking necessary action to address any new risks discovered during reassessment under this regulation or Regulation 10.
- Reassessment of risk: contract management for framework agreements and dynamic markets (1) The public body must regularly re-assess the extent of the modern slavery risk in relation to— (a) any framework agreement the public body has concluded, and (b) any dynamic market the public body has established.
(2) In deciding how often to carry out a reassessment under paragraph (1), the public body must have regard to— (a) the subject matter of the framework agreement or dynamic market, (b) the proportionality of such reassessment, taking account of— (i) the market sector concerned, (ii) the extent of the modern slavery risk in that market sector, considering the last risk-assessment, and any other information received subsequently by the public body, (iii) the duration of the framework agreement or dynamic market.
(3) The public body must carry out a reassessment as soon as practicable if— (a) there is reason to suspect that the most recent risk assessment is no longer valid, (b) there has been a significant change in the framework agreement or the dynamic market to which the risk assessment relates, or (c) any steps taken in relation to the management of the framework agreement or dynamic market show it to be necessary.
(4) When a public body has reassessed the extent of the modern slavery risk under this regulation, the public body must review the action it is taking to ensure that it is taking reasonable steps to address, and where practicable, eliminate any modern slavery risk identified by the assessment.
Public bodies must regularly reassess the modern slavery risk concerning active framework agreements and established dynamic markets.
The frequency of reassessment depends on the contract's subject matter, proportionality, the sector, the previously assessed risk level, any new information acquired, and the overall duration of the agreement or market.
A reassessment must also happen immediately if the previous assessment is suspected to be invalid, if there is a significant change to the agreement/market, or if contract management actions indicate it is necessary.
Following any reassessment, the public body must check that its current management actions adequately address the newly identified risks.
- Guidance (1) NHS England must publish such guidance as it considers appropriate about compliance with these Regulations.
(2) A public body must have regard to any guidance issued by NHS England under paragraph (1).
(3) In this regulation, NHS England means the body established by section 1H(1) of the National Health Service Act 2006.
NHS England is responsible for publishing guidance on how public bodies should comply with these Regulations.
Public bodies are legally required to consider any guidance issued by NHS England when fulfilling their obligations under these rules.