OpenLegislation

Section 87 Grant or refusal of licenceI1I2

England and Wales

(1)

This section applies where an application for a licence has been made under section 85.

(2)

If F1NHS England is satisfied that the applicant meets the criteria for holding a licence for the time being published under section 86 it must as soon as reasonably practicable grant the application; otherwise it must refuse it.

(3)

On granting the application, F2NHS England must issue a licence to the applicant.

(4)

A licence issued under this section is subject to—

(a)

such of the standard conditions (see section 94) as are applicable to the licence, F3and

(b)

such other conditions included in the licence by virtue of section 95 (referred to in this Chapter as “the special conditions”), F4and

(c)

any conditions included in the licence by virtue of section 111 (imposition of licence conditions on NHS foundation trusts during transitional period).

Annotations

Textual amendments

F1

Words in s. 87(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 51; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2

Words in s. 87(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 51; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3

Word in s. 87(4)(a) inserted (coming into force immediately after the repeal of s. 111 as soon as there are no NHS foundation trusts in relation to which s. 111 has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by Health and Social Care Act 2012 (c. 7), ss. 114(1)(c), 306(4); S.I. 2013/671, art. 2(3)

F4

S. 87(4)(c) and preceding word omitted (coming into force immediately after the repeal of s. 111 as soon as there are no NHS foundation trusts in relation to which s. 111 has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by virtue of Health and Social Care Act 2012 (c. 7), ss. 114(1)(d), 306(4); S.I. 2013/671, art. 2(3)

Commencement

I1

S. 87 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)

I2

S. 87 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)