OpenLegislation

Section 70 Co-operation between the Commission and NHS EnglandF11I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

The Commission must co-operate with F2NHS England in the exercise of their respective functions.

F3(2)

In particular the Commission must—

(a)

give F4NHS England any information the Commission has about the provision of health care which the Commission or NHS England considers would assist NHS England in the exercise of F5—

(i)

its regulatory functions, within the meaning given by section 13SB(2) of the National Health Service Act 2006, or

(ii)

its functions under section 27A of the National Health Service Act 2006 (NHS trusts: oversight and support)

(b)

make arrangements with F6NHS England to ensure that—

(i)

a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and

(ii)

such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and

(c)

seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act.

(3)

Without prejudice to subsection (2)(a) the Commission must, on request, provide the F7NHS England with any material relevant to—

(a)

a review under section 46 F8...,

(b)

a review or investigation under section 48, or

(c)

a study promoted, or undertaken, by the Commission under section 54,

so far as the material relates to the provision of health care by F9a person who holds a licence under the Health and Social Care Act 2012

F10(4)

In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence under Chapter 3 of Part 3 of that Act.

Annotations

Textual amendments

F1

S. 70(1) substituted (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 289(2), 306(4); S.I. 2012/1319, art. 2(3)

F2

Words in s. 70(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 40(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3

S. 70(2) substituted (1.7.2012 for specified purposes, 1.4.2014 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 289(3), 306(4); S.I. 2012/1319, art. 2(3); S.I. 2014/39, art. 2(3)

F4

Words in s. 70(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 40(4)(a)(i); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

Words in S. 70(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 40(4)(a)(ii); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6

Words in s. 70(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 40(4)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7

Words in s. 70(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 40(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8

Words in s. 70(3)(a) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(c), 127(1); S.I. 2014/1714, art. 4

F9

Words in s. 70(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 289(4)(b), 306(4); S.I. 2013/671, art. 2(3)

F10

S. 70(4) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 289(5), 306(4); S.I. 2013/671, art. 2(3)

F11

Words in s. 70 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 40(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement

I1

S. 70 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 22

Notes on Part 1

Modifications

C1

Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)

C2

Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)

C3

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C4

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

Notes on Chapter 6

Modifications

C1

Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)

C2

Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)

C3

Pt. 1 Ch. 6 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)