Community right to challenge

Expressions of interest will be considered by us based on the information supplied and on the statutory guidance and regulations published by the government. One of three decisions will then be made; to accept, accept with modifications or reject.

Accept

The relevant body who has submitted the expression of interest will have presented a strong case that they could provide the relevant service. The acceptance of an expression of interest will then trigger a procurement exercise to find the best provider of the service.

Accept with modification

We may seek to agree an expression of interest being modified if we believe we would otherwise reject it. If an agreement cannot be reached, we may reject the expression of interest.

Reject

The grounds for rejecting an expression of interest as set out in the regulations are:

• the expression of interest does not comply with any of the requirements specified in the act or in regulations
    
• the relevant body provides information in the expression of interest which, in the opinion of the relevant authority, is in a material particularly inadequate or inaccurate
    
• the relevant authority considers, based on the information in the expression of interest, that the relevant body or, where applicable
    
  • (a) any member of the consortium of which it is a part, or
      
  • (b) any sub-contractor referred to in the expression of interest is not suitable to provide or assist in providing the relevant service
      
• the expression of interest relates to a relevant service where a decision, evidenced in writing, has been taken by the relevant authority to stop providing that service
    
• the expression of interest relates to a relevant service
    
  • (a) Provided, in whole or in part, by or on behalf of the relevant authority to persons who are also in receipt of a service provided or arranged by an NHS body which is integrated with the relevant service, and
      
  • (b) The continued integration of such services is, in the opinion of the relevant authority, critical to the well-being of those persons
      
• the relevant service is already the subject of a procurement exercise
    
• the relevant authority and a third party have entered into negotiations for provision of the service for  which negotiations are at least in part conducted in writing
    
• the relevant authority has published its intention to consider the provision of the relevant service by a body that two or more specified employees of that authority propose to establish
    
• the relevant authority considers that the expression of interest is frivolous or vexatious
    
• the relevant authority considers that acceptance of the expression of interest is likely to lead to contravention of an enactment or other rule of law or a breach of statutory duty.