Legislation – The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2022

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Introduction

1 Citation, commencement, extent and application

2 Interpretation

3 Qualifying activities

4 Exclusion from the Chapter I prohibition

5 Notification to the Secretary of State

6 Register of agreements

7 Expiry

Signature

Explanatory note

Interpretation2.

In this Order—

“the Board” means the National Health Service Commissioning Board3;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“facilities” includes the provision of (or the use of) premises, goods, materials, vehicles, plant or apparatus;

“the healthcare disruption period” means the period commencing on 7th December 2021 and ending on whichever is the earlier of—

(a)

the revocation of this Order; or

(b)

the expiry of this Order in accordance with article 7;

“independent provider” means any person (other than an NHS body) that provides health services for the purposes of the NHS;

“the NHS” has the meaning given in section 64(4) of the Health and Social Care Act 20124;
“NHS body” has the meaning given in section 275 of the National Health Service Act 20065;

“qualifying activity” has the meaning given in article 3.

3

The National Health Service Commissioning Board was established by section 1H of the National Health Service Act 2006 (c. 41), as inserted by section 9(1) of the Health and Social Care Act 2012 (c. 7).

5

2006 c. 41; the definition of “NHS body” was inserted into section 275 by paragraph 138(1) and (2) of Schedule 4 to the Health and Social Care Act 2012.