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Health and Social Care Act 2012
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- 01/04/2013- Amendment
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Health and Social Care Act 2012, Section 113 is up to date with all changes known to be in force on or before 19 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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Valid from 01/04/2013
[F1113Orders under section 112: criteria for deciding applicable trustsE+W
This section has no associated Explanatory Notes
(1)Where the Secretary of State proposes to make an order under section 112, the Secretary of State must notify Monitor.
(2)Monitor, having received a notification under subsection (1), must set the criteria that are to be applied for the purpose of determining to which NHS foundation trusts the order should apply.
(3)Before setting criteria under subsection (2), Monitor must—
(a)consult the Care Quality Commission and such other persons as Monitor considers appropriate, and
(b)obtain the approval of the Secretary of State.
(4)If the Secretary of State approves the proposed criteria, Monitor must—
(a)publish the criteria,
(b)determine, by applying the criteria, to which trusts the order should apply,
(c)notify the Secretary of State of its determination, and
(d)publish a list of the trusts concerned.
(5)If the Secretary of State does not approve the proposed criteria, Monitor must propose revised criteria; and subsections (3)(b) and (4) apply in relation to the proposed revised criteria as they apply in relation to the criteria previously proposed.
(6)The Secretary of State, having received a notification under subsection (4)(c), must review Monitor’s determination under subsection (4)(b).]
Textual Amendments
F1S. 113 repealed (coming into force immediately after the repeal of s. 111 as soon as there are no NHS foundation trusts in relation to which s. 111 has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by Health and Social Care Act 2012 (c. 7), ss. 114(1), 306(4); S.I. 2013/671, art. 2(3)
Commencement Information
I1S. 113 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
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