PART 3Regulation of health and adult social care services
CHAPTER 6Financial assistance in special administration cases
Levy on providers
142I1Responses to consultation
1
If Monitor receives objections from one or more potentially liable providers to its proposals, it may not give notice under section 143(1)(b) unless—
a
the conditions in subsection (2) are met, or
b
where those conditions are not met, Monitor has made a reference to the F1CMA.
2
The conditions referred to in subsection (1)(a) are that—
a
one or more potentially liable providers object to the proposals within the consultation period, and
b
the objection percentage and the share of supply percentage are each less than the prescribed percentage.
3
In subsection (2)—
a
the “objection percentage” is the proportion (expressed as a percentage) of the potentially liable providers who objected to the proposals, and
b
the “share of supply percentage” is the proportion (expressed as a percentage) of the potentially liable providers who objected to the proposals, 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 be so framed as to require the F2CMA to investigate and report on the questions—
a
whether in making the proposals, Monitor failed to give sufficient weight to the matters in section 66,
b
if so, whether that failure operates, or may be expected to operate, against the public interest, and
c
if so, whether the effects adverse to the public interest which that failure has or may be expected to have could be remedied or prevented by changes to the proposals.
F34A
The functions of the CMA with respect to a reference under this section 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 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).
5
Schedule 10 (which makes further provision about references to the F4CMA) has effect in relation to a reference under subsection (1)(b); and for that purpose—
a
paragraph 1 is to be ignored,
b
in paragraph 5(2), the reference to six months is to be read as a reference to two months,
c
in paragraph 5(4), the reference to six months is to be read as a reference to one month,
d
in paragraph 7, sub-paragraphs (4) to (7) and (9) are to be ignored (and, in consequence of that, in sub-paragraph (8), the words from the beginning to “sub-paragraph (4)(c)” are also to be ignored), and
e
the references to relevant persons are to be construed in accordance with subsection (6).
6
The relevant persons referred to in Schedule 10 are—
a
in paragraphs 3, 5(6) and 6(6)—
i
the National Health Service Commissioning Board, and
ii
the potentially liable providers who objected to the proposals, and
b
in paragraph 8(10)—
i
Monitor, and
ii
the potentially liable providers who objected to the proposals.
7
In investigating the question under subsection (4)(a), the F5CMA must have regard to the matters in relation to which Monitor has duties under this Chapter.
8
Regulations prescribing a percentage for the purposes of subsection (2)(b) may include provision prescribing the method used for determining a provider's share of the supply in England of the services concerned.