PART 3Regulation of health and adult social care services

CHAPTER 3Licensing

Transitional provision

I1113F1Orders under section 112: criteria for deciding applicable trusts

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).