Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 98 is up to date with all changes known to be in force on or before 22 October 2025. 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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PART 3Regulation of health and adult social care services
CHAPTER 3Licensing
Licence conditions
98Conditions relating to the continuation of the provision of services etc.
(1)
The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in particular—
(a)
providing information to the commissioners of services to which the condition applies and to such other persons as F1NHS England may direct,
(b)
allowing F2NHS England to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and
(c)
co-operating with such persons as F3NHS England may appoint to assist in the management of the licence holder’s affairs, business and property.
(2)
A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.
(3)
Where a licence includes a condition under section 97(1)(i), (j) or (k), F4NHS England must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.
(4)
F5NHS England must publish guidance—
(a)
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
(b)
for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.
(5)
A commissioner of services to which a condition under section 97(1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).
F6(5A)
In subsections (4)(a) and (5) “commissioner” does not include NHS England.
(6)
F7NHS England may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.
(7)
Before publishing guidance under subsection (4) or (6), F8NHS England must obtain the approval of—
(a)
the Secretary of State, F9…
F9(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .