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The National Health Service (Licence Exemptions, etc. ) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 2677
- Regulation 9
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Exemptions: general conditions and withdrawalE+W
This section has no associated Explanatory Memorandum
9.—(1) An exemption granted by regulation 5, 6, 7 or 8 is subject to the condition that the health care services provided by the person benefiting from that exemption are not services to which this paragraph applies.
(2) Paragraph (1) applies to services in respect of which F1... [F2NHS England] [F3(whether or not on the request of an integrated care board)], considers a licence condition under section 97(1)(i), (j) or (k) of the 2012 Act (conditions: supplementary) should be imposed.
(3) Where the condition in paragraph (1) is no longer met, an exemption granted under regulation 5, 6, 7 or 8 (as the case may be) is withdrawn from the earlier of—
(a)the end of the period of 60 days starting on the date on which the person benefiting from the exemption is notified by [F4—
(i)NHS England that it will impose a condition under section 97(1)(i), (j) or (k) of the 2012 Act in relation to the services benefiting from the exemption, or
(ii)an integrated care board that it has requested NHS England to impose such a condition,]
(b)the issuing by [F5NHS England] of a licence to that person under section 87(3) of the 2012 Act.
(4) An exemption granted by regulation 5, 6, 7 or 8 is subject to the condition that a person providing a service pursuant to the exemption complies with any requirement imposed on that person by [F6NHS England] under section 104(1) of the 2012 Act (power to require documents and information).
(5) The Secretary of State may by direction withdraw an exemption granted by regulation 5, 6, 7 or 8 from any person who benefits from such an exemption if the Secretary of State considers that that person has consistently failed to comply with the condition imposed by paragraph (4).
Textual Amendments
F1Words in reg. 9(2) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 112(4)(a)
F2Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F3Words in reg. 9(2) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 70(2)
F4Reg. 9(3)(a)(i)(ii) substituted for words (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 112(4)(b)(i)
F5Words in reg. 9(3)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 112(4)(b)(ii)
F6Words in reg. 9(4) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 112(4)(c)
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