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Health and Social Care Act 2012
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Changes over time for: Section 94
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Changes to legislation:
Health and Social Care Act 2012, Section 94 is up to date with all changes known to be in force on or before 25 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 94:
- 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)
94Standard conditionsE+W
This section has no associated Explanatory Notes
(1)[F1NHS England] must determine and publish the conditions to be included in each licence under this Chapter (referred to in this Chapter as “the standard conditions”).
(2)Different standard conditions may be determined for different descriptions of licences.
(3)For the purposes of subsection (2) a description of licences may, in particular, be framed wholly or partly by reference to—
(a)the nature of the licence holder,
(b)the services provided under the licence, or
(c)the areas in which those services are provided.
(4)But different standard conditions must not be determined for different descriptions of licences to the extent that the description is framed by reference to the nature of the licence holder unless [F2NHS England] considers that at least one of requirements 1 and 2 is met.
(5)Requirement 1 is that—
(a)the standard conditions in question relate to the governance of licence holders, and
(b)it is necessary to determine different standard conditions in order to take account of differences in the status of different licence holders.
(6)Requirement 2 is that it is necessary to determine different standard conditions for the purpose of ensuring that the burdens to which different licence holders are subject as a result of holding a licence are broadly consistent.
F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 94(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 58(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 94(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 58(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3S. 94(7)-(11) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 58(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 94 partly in force; s. 94 in force for specified purposes at Royal Assent, see s. 306(1)(d)
I2S. 94 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
I3S. 94(1)-(6) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
I4S. 94(7)-(10)(11)(b)(c) in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2)
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