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Health and Social Care Act 2012
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Changes to legislation:
Health and Social Care Act 2012, Section 103 is up to date with all changes known to be in force on or before 22 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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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 103:
- 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)
103Standard condition as to transparency of certain criteriaE+W
This section has no associated Explanatory Notes
(1)The standard conditions applicable to any licence under this Chapter must include a condition requiring the licence holder to—
(a)set transparent eligibility and selection criteria, and
(b)apply those criteria in a transparent way to persons who, having a choice of persons from whom to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.
(2)“Eligibility and selection criteria”, in relation to a licence holder, means criteria for determining—
(a)whether a person is eligible, or is to be selected, to receive health care services provided by the licence holder for the purposes of the NHS, and
(b)if the person is selected, the manner in which the services are provided to the person.
(3)The following powers must not be exercised so as to omit the condition mentioned in subsection (1) from any licence under this Chapter—
(a)[F1the power conferred on NHS England by section 100] to modify the standard conditions applicable to all licences, or to licences of a particular description,
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(c)the powers conferred by section 102 on the [F3CMA] and Secretary of State to modify those conditions or the conditions of a particular licence.
Textual Amendments
F1Words in s. 103(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 85(5)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2S. 103(3)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Word in s. 103(3)(c) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 130(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Commencement Information
I1S. 103 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)
I2S. 103 in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
I3S. 103(1)(2) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
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