Thank you for your request for information about the following:

I am writing to you under the Freedom of Information Act 2000 to request information from NHS Business Services Authority.

Information requested:

Please may you provide me, in Microsoft Excel or an equivalent electronic format, with a list of non NHS trade invoices that were not paid within 30 days for the last 6 financial years which would feed into the Regulation 113 Notice you are required to publish each year as part of your obligations under The Public Contracts Regulations 2015, with the following information for each invoice (where available):

• The name of the Supplier
• Supplier email address
• Supplier company registration number
• Supplier postal address
• Supplier telephone number
• Supplier website
• The date of the invoice
• The invoice reference
• The gross value of the Invoice
• The date the invoice should have been paid by
• The actual payment date of the invoice
• The total amount of interest liability due to late payment of the invoice
• The total amount of interest paid to the supplier due to late payment of the invoice.

For the avoidance of doubt the above would be based on the data as summarised in the Annual Report and Accounts on pages 19 (2016/17), 20 (2017/18), 27 (2018/19), 31 (2019/20), 31 (2020/21) and the equivalent for the 2021/22 financial year.

We expect that this information to be readily available and easily accessible in the electronic format requested given the necessity of source data which must have been required to prepare and produce the Regulation 113 Notice.

If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, or for another reason, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.

You subsequently clarified your request with:

I am looking for the data behind the Regulation 113 disclosures of the NHS Business Services Authority. The summary I referred to in my FOI request referred to the NHSBSA Annual Report. It is therefore the NHSBSA that I am interested in.

You clarified your request on 30th May and I am dealing with it under the terms of the Freedom of Information Act 2000.

Response

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority. This is because our obligations under regulation 113 of PCRs (2015) have been an oversight and not something we have been actively publishing. Whilst we track payment performance, it is not to this extent. Further to your request we are now exploring how we resolve our compliance with this obligation, and we will be specifically seeking to understand through our colleagues in Government whether this continues as a requirement in the New Procurement Bill (set to launch in Spring next year), and if so in what format.