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Health and Social Care Act 2012
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Version Superseded: 01/07/2022
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Health and Social Care Act 2012, Section 104 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.
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104Power to require documents and informationE+W
This section has no associated Explanatory Notes
(1)Monitor may require a person mentioned in subsection (2) to provide it with any information, documents, records or other items which it considers it necessary or expedient to have for the purposes of any of its regulatory functions.
(2)The persons are—
(a)an applicant for a licence under this Chapter,
(b)a licence holder,
(c)a person who has provided, or is providing, a health care service for the purposes of the NHS in accordance with an exemption by virtue of section 83 from the requirement to hold a licence under this Chapter,
(d)a person who has provided, or is providing, a health care service for the purposes of the NHS in breach of that requirement,
(e)the National Health Service Commissioning Board, and
(f)a clinical commissioning group.
(3)The power in subsection (1) includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
(4)For the purposes of subsection (1) Monitor's regulatory functions are its functions under—
(a)this Chapter,
(b)Chapters 4 to 6,
(c)Chapter 5 of Part 2 of the National Health Service Act 2006 (NHS foundation trusts), and
(d)Chapter 5A of that Part of that Act (trust special administration).
Commencement Information
I1S. 104(1)(2)(a)(f)(3)(4)(a)(d) in force at 1.11.2012 by S.I. 2012/2657, art. 2(2) (with art. 9)
I2S. 104(2)(b)(4)(c) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
I3S. 104(2)(c)(d) in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
I4S. 104(2)(e) 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)
I5S. 104(4)(b) in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)
I6S. 104(4)(b) in force at 1.12.2013 for specified purposes by S.I. 2013/2896, art. 2(1)(2)
I7S. 104(4)(b) in force at 1.4.2014 for specified purposes by S.I. 2014/39, art. 2(3)
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