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Health and Social Care Act 2012
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- UK Public General Acts
- 2012 c. 7
- PART 3
- CHAPTER 4
- Section 125
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Version Superseded: 01/07/2022
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Health and Social Care Act 2012, Section 125 is up to date with all changes known to be in force on or before 11 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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125Local modifications of prices: applicationsE+W
This section has no associated Explanatory Notes
(1)Monitor may, on an application by a provider of a health care service who has failed to reach an agreement under section 124 with the commissioner, decide that the price payable to the provider for the provision of the service for the purposes of the NHS in such circumstances or areas as Monitor may determine is to be the price determined in accordance with the national tariff for that service as modified in such way as Monitor may determine.
(2)An application under this section must be supported by such evidence as Monitor may require.
(3)Monitor may grant an application under this section only if, having applied the method under section 116(1)(d), it is satisfied that, without a modification to the price determined in accordance with the national tariff for that service, it would be uneconomic for the provider to provide the service for the purposes of the NHS.
(4)Subsections (5) to (8) apply where Monitor grants an application under this section.
(5)The decision by Monitor on the application takes effect on such date as Monitor may determine; and a date determined for that purpose may be earlier than the date of the decision (but not earlier than the date on which the national tariff took effect).
(6)Monitor must send a notice of the decision to the Secretary of State and such clinical commissioning groups, providers and other persons as it considers appropriate.
(7)Monitor must also publish the notice.
(8)The notice must specify—
(a)the modification, and
(b)the date on which it takes effect.
F1(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 125(9) omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 5(b) (with reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12);. 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 125 partly in force; s. 125 in force for specified purposes at Royal Assent, see s. 306(1)(d)
I2S. 125 in force at 1.3.2014 in so far as not already in force by S.I. 2014/39, art. 2(2) (with art. 3(b))
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