Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 141 is up to date with all changes known to be in force on or before 07 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 141:
- 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
141Consultation
(1)
This section applies where F1NHS England is proposing to impose a levy under section 139 for the coming financial year and—
(a)
has not imposed a levy under that section for the current financial year or any previous year,
(b)
has been imposing the levy for the current financial year but proposes to make relevant changes to it for the coming financial year, or
(c)
has been imposing the levy for the current financial year and the financial year preceding it, but has not been required to serve a notice under this section in respect of the levy for either of those years.
(2)
A change to a levy is relevant for the purposes of subsection (1)(b) if it is a change to the factors by reference to which the rate of the levy is to be assessed.
(3)
Before making the determinations under section 139(3) in respect of the levy, F2NHS England must send a notice to—
(a)
the Secretary of State,
F3(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(c)
each integrated care board,
(d)
each potentially liable provider, and
(e)
such other persons as it considers appropriate.
(4)
F5NHS England must publish a notice that it sends under subsection (3).
(5)
In a case within subsection (1)(a) or (c), the notice must state—
(a)
the factors by reference to which F6NHS England proposes to assess the rate of the levy,
(b)
the time or times by reference to which it proposes to assess those factors, and
(c)
the time or times during the coming financial year when it proposes that the levy, or an instalment of it, will become payable.
(6)
In a case within subsection (1)(b), the notice must specify the relevant changes F7NHS England proposes to make.
(7)
A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day on which the notice is published under subsection (4).