Health and Social Care Act 2012, Section 99 is up to date with all changes known to be in force on or before 03 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)This section applies where [F1NHS England]—
(a)takes action in the case of a licence holder in reliance on a condition in the licence under section 97(1)(i), (j) or (k), and
(b)does so because it is satisfied that the continued provision for the purposes of the NHS of health care services to which that condition applies is being put at significant risk by the configuration of certain health care services provided for those purposes.
(2)In subsection (1), a reference to the provision of services is a reference to their provision by the licence holder or any other provider.
[F2(3)NHS England must as soon as reasonably practicable notify such integrated care boards as NHS England considers appropriate—
(a)of the action it has taken, and
(b)of its reasons for being satisfied as mentioned in subsection (1)(b).]
(4)[F3NHS England] must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of [F4NHS England’s] reasons for being satisfied as mentioned in subsection (1)(b).
(5)F5... [F6Integrated care boards], having received a notification under this section, must have regard to it in arranging for the provision of health care services for the purposes of the NHS.
Textual Amendments
F1Words in s. 99(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2S. 99(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 99(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(4)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in s. 99(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(4)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in s. 99(5) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 63(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6Words in s. 99(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 177; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 99 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
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