Health and Social Care Act 2012

120 Responses to consultation E+W

(1) If Monitor receives objections from one or more clinical commissioning groups or relevant providers to a method it proposes under section 118(3)(b), Monitor may not publish the national tariff unless—

(a) the conditions in subsection (2) are met, or

(b) where those conditions are not met, Monitor has made a reference to the [F1 CMA].

(2) The conditions referred to in subsection (1)(a) are that—

(a) the objection percentage for clinical commissioning groups is less than the prescribed percentage,

(b) the objection percentage for relevant providers is less than the prescribed percentage, and

(c) the share of supply percentage is less than such percentage as may be prescribed.

(3) In subsection (2)—

(a) the “objection percentage” is the proportion (expressed as a percentage) of clinical commissioning groups or (as the case may be) relevant providers who objected to the proposed method, and

(b) the “share of supply percentage” is the proportion (expressed as a percentage) of relevant providers who objected to the proposed method, weighted according to their share of the supply in England of such services as may be prescribed.

(4) A reference under subsection (1)(b) must require the [F1 CMA] to determine whether the method proposed under section 118(3)(b) is appropriate.

(5) F2 ...Schedule 12 to this Act (procedure on a reference under this section) has effect.

[F3 (5A) Except where specified otherwise in Schedule 12, the functions of the CMA with respect to a reference under this section (including functions relating to the making of changes following a determination on a reference) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.]

(6) Regulations prescribing a percentage for the purposes of subsection (2)(c) may include provision prescribing the method used for determining a relevant provider's share of the supply in England of the services concerned.

(7) In this section and section 121 and Schedule 12, “relevant provider” has the meaning given in section 118(14).

Textual Amendments

F1 Word in s. 120(1)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 131(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in s. 120(5) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 131(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 S. 120(5A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 131(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I1 S. 120 partly in force; s. 120 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I2 S. 120 in force at 1.9.2013 for specified purposes by S.I. 2013/671, art. 2(5)

I3 S. 120 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)