Legislation – Health and Social Care Act 2012

the nature of the licence holder,

the services provided under the licence, or

the areas in which those services are provided.

the standard conditions in question relate to the governance of licence holders, and

it is necessary to determine different standard conditions in order to take account of differences in the status of different licence holders.

the Secretary of State,

the NHS Commissioning Board Authority,

every Primary Care Trust,

the Care Quality Commission, and

such other persons as are likely to be affected by the inclusion of the conditions in licences under this Chapter as Monitor considers appropriate.

in the case of section 14A of the National Health Service Act 2006, the reference in subsection (8)(c) to every Primary Care Trust is to be read as a reference to every clinical commissioning group;

in the case of section 9, the reference in subsection (8)(b) to the NHS Commissioning Board Authority is to be read as a reference to the National Health Service Commissioning Board;

in the case of section 181, the reference in subsection (8)(d) to the Care Quality Commission is to be read as including a reference to its Healthwatch England committee.

with the consent of the applicant, include a special condition in a licence under this Chapter, and

with the consent of the licence holder, modify a special condition of a licence.

the applicant or the licence holder (as the case may be),

the Secretary of State,

the National Health Service Commissioning Board,

such clinical commissioning groups as are likely to be affected by the proposed inclusion or modifications, and

the Care Quality Commission and its Healthwatch England committee.

state that Monitor proposes to include the special condition or make the modifications and set out its or their proposed effect,

set out Monitor’s reasons for the proposal, and

specify the period (“the notice period”) within which representations with respect to the proposal may be made to Monitor.

the duty to determine the standard conditions to be included in each licence under this Chapter or in licences of a particular description (see section 94);

the powers to include a special condition in a licence and to modify such a condition (see section 95);

the power to modify the standard conditions applicable to all licences, or to licences of a particular description (see section 100).

for the purpose of regulating the price payable for the provision of health care services for the purposes of the NHS;

for the purpose of preventing anti-competitive behaviour in the provision of health care services for those purposes which is against the interests of people who use such services;

for the purpose of protecting and promoting the right of patients to make choices with respect to treatment or other health care services provided for the purposes of the NHS;

for the purpose of ensuring the continued provision of health care services for the purposes of the NHS;

for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);

for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);

for the purpose of enabling co-operation between providers of health care services for the purposes of the NHS where Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);

for purposes connected with the governance of persons providing health care services for the purposes of the NHS;

for purposes connected with Monitor’s functions in relation to the register of NHS foundation trusts required to be maintained under section 39 of the National Health Service Act 2006;

for purposes connected with the operation of the licensing regime established by this Chapter;

for such purposes as may be prescribed for the purpose of enabling Monitor to discharge its duties under section 62.

improving the quality of health care services provided for the purposes of the NHS (including the outcomes that are achieved from their provision) or the efficiency of their provision,

reducing inequalities between persons with respect to their ability to access those services, and

reducing inequalities between persons with respect to the outcomes achieved for them by the provision of those services.

being in the public or (as the case may be) private sector, or

some other aspect of its or their status.

requiring the licence holder to pay to Monitor such fees of such amounts as Monitor may determine in respect of the exercise by Monitor of its functions under this Chapter,

requiring the licence holder to comply with any requirement imposed on it by Monitor under Chapter 6 (financial assistance in special administration cases),

requiring the licence holder to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to prevent anti-competitive behaviour in the provision of health care services for the purposes of the NHS which is against the interests of people who use such services,

requiring the licence holder to give notice to the Office of Fair Trading before entering into an arrangement under which, or a transaction in consequence of which, the licence holder’s activities, and the activities of one or more other businesses, cease to be distinct activities,

requiring the licence holder to provide Monitor with such information as Monitor considers necessary for the purposes of the exercise of its functions under this Part,

requiring the licence holder to publish such information as may be specified or as Monitor may direct,

requiring the licence holder to charge for the provision of health care services for the purposes of the NHS in accordance with the national tariff (see section 116),

requiring the licence holder to comply with other rules published by Monitor about the charging for the provision of health care services for the purposes of the NHS,

about the use or disposal by the licence holder of assets used in the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes, and

about the making by the licence holder of investment in relation to the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes.

may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to be an NHS trust established under section 25 of the National Health Service Act 2006, and

ceases to have effect at the end of the period of five years beginning with the day on which it is included in the licence.

providing information to the commissioners of services to which the condition applies and to such other persons as Monitor may direct,

allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and

co-operating with such persons as Monitor may appoint to assist in the management of the licence holder’s affairs, business and property.

for commissioners of a service to which a condition under section 97(1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and

for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.

the Secretary of State, and

the National Health Service Commissioning Board.

takes action in the case of a licence holder in reliance on a condition in the licence under section 97(1)(i), (j) or (k), and

does so because it is satisfied that the continued provision for the purposes of the NHS of health care services to which that condition applies is being put at significant risk by the configuration of certain health care services provided for those purposes.

of the action it has taken, and

of its reasons for being satisfied as mentioned in subsection (1)(b).

each relevant licence holder,

the Secretary of State,

the National Health Service Commissioning Board,

every clinical commissioning group, and

the Care Quality Commission and its Healthwatch England committee.

state that Monitor proposes to make the modifications,

set out the proposed effect of the modifications,

set out Monitor’s reasons for the proposal, and

specify the period (“the notice period”) within which representations with respect to the proposal may be made to Monitor.

no relevant licence holder has made an objection to Monitor about the proposal within the notice period, or

subsection (7) applies to the case.

one or more relevant licence holders make an objection to Monitor about the proposal within the notice period,

the objection percentage is less than the percentage prescribed for the purposes of this paragraph, and

the share of supply percentage is less than the percentage prescribed for the purposes of this paragraph.

the “objection percentage” is the proportion (expressed as a percentage) of the relevant licence holders who objected to the proposals;

the “share of supply percentage” is the proportion (expressed as a percentage) of the relevant licence holders who objected to the proposals, weighted according to their share of the supply in England of such services as may be prescribed.

may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,

must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and

must publish the modifications.

in relation to proposed modifications of the standard conditions applicable to all licences, means any licence holder, and

in relation to proposed modifications of the standard conditions applicable to licences of a particular description, means a holder of a licence of that description.

Monitor has given notice under section 95(2) of a proposal to include a special condition in a licence or modify such a condition, and

the applicant or (as the case may be) licence holder concerned has refused consent to the inclusion of the condition or the making of the modifications.

whether any matters which relate to the provision, or proposed provision, of a health care service for the purposes of the NHS by the applicant or (as the case may be) licence holder concerned and which are specified in the reference, operate, or may be expected to operate, against the public interest, and

if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by the inclusion of a special condition in the applicant’s licence or by modifications of a special condition of the licence holder’s licence.

Monitor has given notice under section 100(2) of a proposal to make modifications to the standard conditions applicable to all licences under this Chapter, or to licences of a particular description, and

section 100 operates to prevent Monitor from making the modifications.

whether any matters which relate to the provision of health care services for the purposes of the NHS by the relevant licence holders, and which are specified in the reference, operate, or may be expected to operate, against the public interest, and

if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the standard conditions applicable to all licences under this Chapter, or to licences of a particular description.

in paragraph 5(6), the applicant or licence holder concerned or (as the case may be) relevant licence holders, and

the matters in respect of which Monitor has duties under section 62, and

the matters to which Monitor must have regard by virtue of section 66.

may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,

must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and

must publish any modifications made under this subsection.

the conditions of a particular licence, or

the standard conditions applicable to all licences under this Chapter or to licences of a particular description.

an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where one or more of the enterprises which have, or may have, ceased to be distinct enterprises were engaged in the provision of health care services for the purposes of the NHS;

an order under any of those provisions of that Act where one or more of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of health care services for the purposes of the NHS;

may, after consultation with Monitor, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any other conditions of any licence which is affected by the modifications,

must also make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and

must publish any modifications it makes under paragraph (b).

set transparent eligibility and selection criteria, and

apply those criteria in a transparent way to persons who, having a choice of persons from whom to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.

whether a person is eligible, or is to be selected, to receive health care services provided by the licence holder for the purposes of the NHS, and

if the person is selected, the manner in which the services are provided to the person.

the powers conferred on Monitor by sections 100, 101(7) and paragraph 7(2) of Schedule 10 to modify the standard conditions applicable to all licences, or to licences of a particular description,

the power conferred on the Competition Commission by paragraph 8(5) of that Schedule to modify those conditions, and

the powers conferred by section 102 on the Office of Fair Trading, Competition Commission and Secretary of State to modify those conditions or the conditions of a particular licence.