Health and Social Care Act 2012

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(1)[F1NHS England] may—

(a)F2... include a special condition in a licence under this Chapter, and

(b)F3... modify a special condition of a licence.

(2)Before including a special condition or making such modifications [F4NHS England] must give notice to—

(a)the applicant or the licence holder (as the case may be),

(b)the Secretary of State,

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

(d)such [F6integrated care boards] as are likely to be affected by the proposed inclusion or modifications, 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 include the special condition or make the modifications and set out its or their proposed effect,

(b)set out [F9NHS England’s] reasons for the proposal, and

(c)specify the period (“the notice period”) within which representations with respect to the proposal may be made to [F10NHS 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).

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

Textual Amendments

Commencement Information

I1S. 95 in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2) (with art. 7)

I2S. 95(1)(a)(2)-(5) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3) (with art. 5)

I3S. 95(1)(b)(6) in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)