Point in time view as at 01/02/2023.
Health and Social Care Act 2012, Section 103 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The standard conditions applicable to any licence under this Chapter must include a condition requiring the licence holder to—
(a)set transparent eligibility and selection criteria, and
(b)apply those criteria in a transparent way to persons who, having a choice of persons from whom to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.
(2)“Eligibility and selection criteria”, in relation to a licence holder, means criteria for determining—
(a)whether a person is eligible, or is to be selected, to receive health care services provided by the licence holder for the purposes of the NHS, and
(b)if the person is selected, the manner in which the services are provided to the person.
(3)The following powers must not be exercised so as to omit the condition mentioned in subsection (1) from any licence under this Chapter—
(a)[F1the power conferred on NHS England by section 100] to modify the standard conditions applicable to all licences, or to licences of a particular description,
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(c)the powers conferred by section 102 on the [F3CMA] and Secretary of State to modify those conditions or the conditions of a particular licence.
Textual Amendments
F1Words in s. 103(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 85(5)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2S. 103(3)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Word in s. 103(3)(c) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 130(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Commencement Information
I1S. 103 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)
I2S. 103 in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
I3S. 103(1)(2) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
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