Health and Social Care Act 2012

100Modification of standard conditionsE+W

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(1)[F1NHS England] may, subject to the requirements of this section, modify the standard conditions applicable to all licences under this Chapter or to licences of a particular description.

[F2(1A)Before making modifications under subsection (1) that NHS England consider to be a major change, NHS England must—

(a)carry out an assessment of the likely impact of the modifications, or

(b)publish a statement setting out its reasons for concluding that such assessment is not needed.]

(2)Before making any [F3modifications under subsection (1)] [F4NHS England] must give notice to—

(a)each relevant licence holder,

(b)the Secretary of State,

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)every [F6integrated care board], and

(e)the Care Quality Commission and its Healthwatch England committee.

(3)[F7NHS England] must also publish the notice under subsection (2).

(4)The notice under subsection (2) must—

(a)state that [F8NHS England] proposes to make the modifications,

(b)set out the proposed effect of the modifications,

[F9(ba)set out any impact assessment carried out by NHS England under subsection (1A)(a),]

(c)set out [F10NHS England’s] reasons for the proposal, and

(d)specify the period (“the notice period”) within which representations with respect to the proposal may be made to [F11NHS England].

(5)The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Where [F13NHS England] modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, [F13NHS England]—

(a)may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,

(b)must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and

(c)must publish the modifications.

(11)In this sectionF14..., “relevant licence holder”—

(a)in relation to proposed modifications of the standard conditions applicable to all licences, means any licence holder, and

(b)in relation to proposed modifications of the standard conditions applicable to licences of a particular description, means a holder of a licence of that description.

(12)In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.

Textual Amendments

F1Words in s. 100(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)