Regulation 9 Exemptions: general conditions and withdrawal
An exemption granted by regulation 5, 6, 7 or 8 is subject to the condition that the health care services provided by the person benefiting from that exemption are not services to which this paragraph applies.
Paragraph (1) applies to services in respect of which Monitor, on the request of the National Health Service Commissioning Board or a clinical commissioning group, considers a licence condition under section 97(1)(i), (j) or (k) of the 2012 Act (conditions: supplementary) should be imposed.
Where the condition in paragraph (1) is no longer met, an exemption granted under regulation 5, 6, 7 or 8 (as the case may be) is withdrawn from the earlier of—
the end of the period of 60 days starting on the date on which the person benefiting from the exemption is notified by the Board or a clinical commissioning group that it has requested Monitor to impose a condition under section 97(1)(i), (j) or (k) of the 2012 Act in relation to the services benefiting from the exemption, or
the issuing by Monitor of a licence to that person under section 87(3) of the 2012 Act.
An exemption granted by regulation 5, 6, 7 or 8 is subject to the condition that a person providing a service pursuant to the exemption complies with any requirement imposed on that person by Monitor under section 104(1) of the 2012 Act (power to require documents and information).
The Secretary of State may by direction withdraw an exemption granted by regulation 5, 6, 7 or 8 from any person who benefits from such an exemption if the Secretary of State considers that that person has consistently failed to comply with the condition imposed by paragraph (4).