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Health and Social Care Act 2012
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- 2012 c. 7
- PART 6
- Section 204
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Changes to legislation:
Health and Social Care Act 2012, Section 204 is up to date with all changes known to be in force on or before 06 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.
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Changes and effects yet to be applied to Section 204:
- 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)
204Arrangements under section 107 of the National Health Service Act 2006E+W
This section has no associated Explanatory Notes
(1)Section 108 of the National Health Service Act 2006 (persons with whom section 107 arrangements may be made) is amended as follows.
(2)In subsection (1)—
(a)before “make an agreement” insert “, subject to such conditions as may be prescribed,”,
(b)in each of paragraphs (b) and (c), omit “who meets the prescribed conditions”,
(c)for paragraph (f) substitute—
“(f)a dental corporation,”, and
(d)after paragraph (f) insert—
“(fa)a company limited by shares where the conditions in subsection (1A) are satisfied,
(fb)a limited liability partnership where subsection (1B) or (1C) applies,”.
(3)After subsection (1) insert—
“(1A)The conditions referred to in subsection (1)(fa) are that—
(a)every person who owns a share in the company owns it both legally and beneficially, and
(b)it is not possible for two or more members of the company who are not persons who fall within subsection (1)(a) to (e) to hold the majority of the voting rights conferred by shares in the company on any matter on which members have such rights.”
(4)After subsection (1A) insert—
“(1B)This subsection applies if a member of the partnership who falls within subsection (1)(a) to (e) has the power to secure that the partnership's affairs are conducted in accordance with that member's wishes.
(1C)This subsection applies if, in any combination of members of the partnership who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them falls within subsection (1)(a) to (e).”
(5)Omit subsection (2).
(6)In subsection (3)—
(a)at the appropriate place insert—
““dental corporation”” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984,”, and
(b)omit the definition of “qualifying body”.
Commencement Information
I1S. 204 partly in force; s. 204 in force for specified purposes at Royal Assent, see s. 306(1)(d)
I2S. 204 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
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