Health and Social Care Act 2012

Prospective

141ConsultationE+W
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(1)This section applies where [F1NHS England] is proposing to impose a levy under section 139 for the coming financial year and—

(a)has not imposed a levy under that section for the current financial year or any previous year,

(b)has been imposing the levy for the current financial year but proposes to make relevant changes to it for the coming financial year, or

(c)has been imposing the levy for the current financial year and the financial year preceding it, but has not been required to serve a notice under this section in respect of the levy for either of those years.

(2)A change to a levy is relevant for the purposes of subsection (1)(b) if it is a change to the factors by reference to which the rate of the levy is to be assessed.

(3)Before making the determinations under section 139(3) in respect of the levy, [F2NHS England] must send a notice to—

(a)the Secretary of State,

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(c)each integrated care board,]

(d)each potentially liable provider, and

(e)such other persons as it considers appropriate.

(4)[F5NHS England] must publish a notice that it sends under subsection (3).

(5)In a case within subsection (1)(a) or (c), the notice must state—

(a)the factors by reference to which [F6NHS England] proposes to assess the rate of the levy,

(b)the time or times by reference to which it proposes to assess those factors, and

(c)the time or times during the coming financial year when it proposes that the levy, or an instalment of it, will become payable.

(6)In a case within subsection (1)(b), the notice must specify the relevant changes [F7NHS England] proposes to make.

(7)A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day on which the notice is published under subsection (4).

(8)In this section F8... a “potentially liable provider” means a provider on whom [F9NHS England] is proposing to impose the levy for the coming financial year (regardless of the amount (if any) that the provider would be liable to pay as a result of the proposal).

Textual Amendments

F8Words in s. 141(8) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(6), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)