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Health and Social Care Act 2012
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Changes over time for: Section 95
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Health and Social Care Act 2012, Section 95 is up to date with all changes known to be in force on or before 21 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 95:
- 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)
95Special conditionsE+W
This section has no associated Explanatory Notes
(1)[F1NHS England] may—
(a)F2... include a special condition in a licence under this Chapter, and
(b)F3... modify a special condition of a licence.
(2)Before including a special condition or making such modifications [F4NHS England] must give notice to—
(a)the applicant or the licence holder (as the case may be),
(b)the Secretary of State,
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)such [F6integrated care boards] as are likely to be affected by the proposed inclusion or modifications, and
(e)the Care Quality Commission and its Healthwatch England committee.
(3)[F7NHS England] must also publish the notice under subsection (2).
(4)The notice under subsection (2) must—
(a)state that [F8NHS England] proposes to include the special condition or make the modifications and set out its or their proposed effect,
(b)set out [F9NHS England’s] reasons for the proposal, and
(c)specify the period (“the notice period”) within which representations with respect to the proposal may be made to [F10NHS England].
(5)The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
(6)In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
Textual Amendments
F1Words in s. 95(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 95(1)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 95(1)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(2)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in s. 95(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5S. 95(2)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6Words in s. 95(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 176; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7Words in s. 95(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F8Words in s. 95(4)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F9Words in s. 95(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F10Words in s. 95(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 95 in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2) (with art. 7)
I2S. 95(1)(a)(2)-(5) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3) (with art. 5)
I3S. 95(1)(b)(6) in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
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