Health and Social Care Act 2012, Section 109 is up to date with all changes known to be in force on or before 06 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)[F1NHS England] must include information about the following in its annual report—
(a)the cases in which a discretionary requirement has been imposed during the financial year to which the report relates, and
(b)the cases in which an enforcement undertaking has been accepted during that financial year.
(2)But [F2NHS England] must not include information which it is satisfied is—
(a)commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
(b)information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
(3)The reference in subsection (1)(a) to cases in which a discretionary requirement has been imposed does not include a reference to a case where a discretionary requirement has been imposed but overturned on appeal.
Textual Amendments
F1Words in s. 109(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 70; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 109(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 70; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 109 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
