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Health and Social Care Act 2012, Section 77 is up to date with all changes known to be in force on or before 11 October 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)Regulations under section 75 may confer on Monitor a power to accept an undertaking (referred to in this Chapter as a “section 77 undertaking”) from the National Health Service Commissioning Board or a clinical commissioning group to take such action of a kind mentioned in subsection (2) as is specified in the undertaking within such period as is so specified.
(2)The specified action must be—
(a)action of a description given in paragraphs (a) to (e) of section 76(6), or
(b)action of such a description as may be prescribed.
(3)Where Monitor accepts a section 77 undertaking then, unless the Board, or (as the case may be) the clinical commissioning group from whom the undertaking is accepted, has failed to comply with the undertaking or any part of it, Monitor may not—
(a)continue to carry out the investigation in question,
(b)make a declaration by virtue of subsection (3) of section 76 in relation to the arrangement in question, or
(c)give a direction by virtue of subsection (6) of that section in relation to the failure in question.
(4)Where the Board, or (as the case may be) the clinical commissioning group from whom Monitor has accepted a section 77 undertaking, has failed to comply fully with the undertaking but has complied with part of it, Monitor must take the partial compliance into account in deciding whether to do something mentioned in paragraphs (a) to (c) of subsection (3).
(5)Schedule 9 (which makes further provision about section 77 undertakings) has effect.
Commencement Information
I1S. 77 partly in force; s. 77 in force for specified purposes at Royal Assent, see s. 306(1)(d)
I2S. 77 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
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