Legislation – Care Act 2014
Changes to legislation:
Care Act 2014, Section 86 is up to date with all changes known to be in force on or before 16 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 86:
- s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
- s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(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):
- s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
- s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)
PART 2Care standards
Care Quality Commission
86Restriction on applications for variation or removal of conditions
(1)
Section 19 of the Health and Social Care Act 2008 (applications by registered persons to the Care Quality Commission for variation or removal of conditions, etc.) is amended as follows.
(2)
In subsection (1), after “Except in case A or B” insert “
.
and subject to subsections (3A) to (3F)
”
(3)
“(3A)
R may not apply under subsection (1)(a) for the variation of a condition where either subsection (3B) or (3C) applies.
(3B)
This subsection applies where—
(a)
the Commission has given R notice under section 26(4)(c) of a proposal to make that variation (or a variation which would have substantially the same effect as that variation), and
(b)
the Commission has not decided not to take that step.
(3C)
This subsection applies where—
(a)
the Commission has given R notice under section 28(3) of its decision to make that variation (or a variation which would have substantially the same effect as that variation), and
(b)
either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
(3D)
R may not apply under subsection (1)(a) for the removal of a condition where either subsection (3E) or (3F) applies.
(3E)
This subsection applies where—
(a)
the Commission has given R notice under section 26(4)(c) of a proposal to remove that condition, and
(b)
the Commission has not decided not to take that step.
(3F)
This subsection applies where—
(a)
the Commission has given R notice under section 28(3) of its decision to remove that condition, and
(b)
either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.”
(4)
The amendments made by this section do not affect any application made under section 19(1)(a) of the Health and Social Care Act 2008 before the day on which those amendments come into force.