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Health and Social Care Act 2012
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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Changes to legislation:
Health and Social Care Act 2012, Section 136 is up to date with all changes known to be in force on or before 14 November 2024. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 136:
- specified provision(s) amendment to earlier commencing SI 2012/1831 art. 10 by S.I. 2012/2657 art. 15
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 102(4)(ba) inserted by S.I. 2019/93, Sch. 1 para. 13(3) (as substituted) by S.I. 2019/1245 reg. 28 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 250(2)-(2B) substituted for s. 250(2) by 2022 c. 31 s. 95(2)(a)
- s. 250(6)-(6D) substituted for s. 250(6) by 2022 c. 31 s. 95(2)(d)
- s. 251 251ZA substituted for s. 251 by 2022 c. 31 s. 95(3)
- s. 251C(6A) inserted by 2022 c. 31 s. 95(4)(a)
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 304(5)(ja) inserted by 2022 c. 31 s. 95(5)
Prospective
136ApplicationsE+W
This section has no associated Explanatory Notes
(1)[F1NHS England] may, on an application by a special administrator, provide financial assistance to the special administrator by using a mechanism established under section 134.
(2)An application under this section must be in such form, and must be supported by such evidence or other information, as [F1NHS England] may require (and a requirement under this subsection may be imposed after the receipt, but before the determination, of the application).
(3)If [F1NHS England] grants an application under this section, it must notify the applicant of—
(a)the purpose for which the financial assistance is being provided, and
(b)the other conditions to which its provision is subject.
(4)The special administrator must secure that the financial assistance is used only—
(a)for the purpose notified under subsection (3)(a), and
(b)in accordance with the conditions notified under subsection (3)(b).
(5)Financial assistance under this section may be provided only in the period during which the provider in question is in special administration.
(6)If [F2NHS England] refuses an application under this section, it must notify the applicant of the reasons for the refusal.
(7)[F2NHS England] must, on a request by an applicant whose application under this section has been refused, reconsider the application; but no individual involved in the decision to refuse the application may be involved in the decision on the reconsideration of the application.
(8)For the purposes of reconsidering an application, [F2NHS England] may request information from the applicant.
(9)[F2NHS England] must notify the applicant of its decision on reconsidering the application; and—
(a)if [F2NHS England] grants the application, it must notify the applicant of the matters specified in subsection (3), and
(b)if [F2NHS England] refuses the application, it must notify the applicant of the reasons for the refusal.
(10)In this Chapter—
(a)“special administrator” means—
(i)a person appointed as a health special administrator under Chapter 5, or
(ii)a person appointed as a trust special administrator under section 65D(2) of the National Health Service Act 2006, and
(b)references to being in special administration are to be construed accordingly.
Textual Amendments
F1Words in s. 136(1)-(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 80; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 136(6)-(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 80; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
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