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Health and Social Care Act 2012, Section 72 is up to date with all changes known to be in force on or before 16 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 functions referred to in subsection (2) are concurrent functions of Monitor and the [F1CMA].
(2)The functions are those that the [F1CMA] has under Part 1 of the Competition Act 1998, other than sections 31D(1) to (6), 38(1) to (6)[F2, 40B(1) to (4)] and 51, so far as relating to any of the following which concern the provision of health care services in England—
(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act (anti-competitive practices),
(b)conduct of the kind mentioned in section 18(1) of that Act (abuse of dominant position),
(c)agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the Functioning of the European Union (anti-competitive practices),
(d)conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty (abuse of dominant position).
(3)So far as necessary for the purposes of subsections (1) and (2), references in Part 1 of the Competition Act 1998 to the [F1CMA] are to be read as including references to Monitor, except in sections 31D(1) to (6), 38(1) to (6) [F2, 40B(1) to (4)], 51, 52(6) and (8) and 54.
Textual Amendments
F1Word in s. 72 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 188 (with art. 3)
F2Words in s. 72(2)(3) inserted (E.W.) (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 48; S.I. 2014/416, art. 2(1)(f) (with Sch.)
Commencement Information
I1S. 72 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
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