Regulation 6 Meaning of “relevant provider”

(1)

For the purposes of sections 118(14)(b) and 120(2)(b) and (3)(a) of the Act, “relevant provider” means a person who provides a health care service for the purposes of the NHS for which there is a proposed national price specified in the notice sent by Monitor under section 118(1) of the Act.

(2)

For the purposes of section 120(2)(c) and (3)(b) of the Act, “relevant provider” means a person who provides a health care service for the purposes of the NHS for which there is—

(a)

a national price specified in the edition of the national tariff which has effect at the time when the notice is sent, and

(b)

a proposed national price specified in the notice sent by Monitor under section 118(1) of the Act.

(3)

For the purposes of section 121 of, and Schedule 12 to, the Act (determination and procedure on reference under section 120)—

(a)

where the objection percentage for relevant providers is equal to or exceeds the percentage prescribed by regulation 5(2) (whether or not the share of supply percentage is equal to or exceeds the percentage prescribed by regulation 5(3)), “relevant provider” has the same meaning as in paragraph (1);

(b)

where the share of supply percentage is equal to or exceeds the percentage prescribed by regulation 5(3) and the objection percentage for relevant providers is less than the percentage prescribed by regulation 5(2), “relevant provider” has the same meaning as in paragraph (2).

(4)

In the case of the first notice sent by Monitor under section 118(1) of the Act—

(a)

the reference to the national tariff in paragraph (2)(a) is to be read as a reference to the national tariff published by the Secretary of State under section 2 of the National Health Service Act 2006; and

(b)

the reference to national prices in that provision is to be read as a reference to prices specified in such national tariff.