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Version Superseded: 01/07/2022
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Health and Social Care Act 2012, Section 123 is up to date with all changes known to be in force on or before 09 September 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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(1)The [F1CMA] may, within the period of 28 days beginning with the day after that on which it is given a notice under section 122, direct Monitor—
(a)not to make the changes specified in the notice, or
(b)not to make such of those changes as may be specified in the direction.
(2)Monitor must comply with a direction under this section.
(3)The Secretary of State may, within that period and on the application of the [F2CMA], direct that the period for giving a direction under this section (and, accordingly, the period referred to in section 122(3)) is to be extended by 14 days.
(4)The [F3CMA] may give a direction under this section only in respect of such of the changes specified in the notice under section 122 as it considers are not necessary in consequence of its determination on the reference.
(5)If the [F4CMA] gives a direction under this section, it—
(a)must give notice specifying the changes proposed by Monitor, the terms of the direction and the reasons for giving it, and
(b)must itself make such changes to the method to which the reference relates as it considers necessary in consequence of its determination on the reference.
(6)In exercising its function under subsection (5)(b), the [F4CMA] must have regard to the matters to which Monitor must have regard when determining the method to which the reference relates.
(7)Before making changes under subsection (5)(b), the [F4CMA] must give notice to Monitor and the National Health Service Commissioning Board specifying—
(a)the changes it proposes to make,
(b)its reasons for proposing to make them, and
(c)the period within which representations on the proposed changes may be made.
(8)The period specified for the purposes of subsection (7)(c) must not be less than 28 days beginning with the day on which the notice is given.
Textual Amendments
F1Words in s. 123(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 134(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Word in s. 123(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 134(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Word in s. 123(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 134(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 123(5)-(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 134(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Commencement Information
I1S. 123 partly in force; s. 123 in force for specified purposes at Royal Assent, see s. 306(1)(d)
I2S. 123 in force at 1.9.2013 for specified purposes by S.I. 2013/671, art. 2(5)
I3S. 123 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
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