Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 139 is up to date with all changes known to be in force on or before 05 April 2026. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 139:
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
- s. 261(5A) inserted by 2026 c. 8 s. 3(3)
- s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
- s. 261(5A) inserted by 2026 c. 8 s. 3(3)
- s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)
PART 3Regulation of health and adult social care services
CHAPTER 6Financial assistance in special administration cases
Levy on providers
139Imposition of levy
(1)
The power under section 135(2) includes, in particular, power to impose a levy on providers for each financial year.
(2)
Before deciding whether to impose a levy under this section for the coming financial year, F1NHS England must estimate—
(a)
the amount that will be required for the purpose of providing financial assistance in accordance with this Chapter,
(b)
the amount that will be collected from F2integrated care boards by way of charges imposed by virtue of section 138 during that year, and
(c)
the amount that will be standing to the credit of the fund at the end of the current financial year.
(3)
Before the start of a financial year in which F3NHS England proposes to impose a levy under this section, it must determine—
(a)
the factors by reference to which the rate of the levy is to be assessed,
(b)
the time or times by reference to which those factors are to be assessed, and
(c)
the time or times during the year when the levy, or an instalment of it, becomes payable.
(4)
Where the determinations under subsection (3) reflect changes made to the factors by reference to which the rate of the levy is to be assessed, the notice under section 143(1)(b) must include an explanation of those changes.
(5)
A levy under this section may be imposed at different rates for different providers.