Section 95 Special conditionsI1

England and Wales

(1)

F1NHS England may—

I2(a)

F2... include a special condition in a licence under this Chapter, and

I3(b)

F3... modify a special condition of a licence.

(2)

Before including a special condition or making such modifications F4NHS England must give notice to—

(a)

the applicant or the licence holder (as the case may be),

(b)

the Secretary of State,

F5(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

such F6integrated care boards as are likely to be affected by the proposed inclusion or modifications, and

(e)

the Care Quality Commission and its Healthwatch England committee.

(3)

F7NHS England must also publish the notice under subsection (2).

(4)

The notice under subsection (2) must—

(a)

state that F8NHS England proposes to include the special condition or make the modifications and set out its or their proposed effect,

(b)

set out F9NHS England’s reasons for the proposal, and

(c)

specify the period (“the notice period”) within which representations with respect to the proposal may be made to F10NHS England.

(5)

The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).

(6)

In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.

Annotations

Textual amendments

F1: Words in s. 95(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2: Words in s. 95(1)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: Words in s. 95(1)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(2)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4: Words in s. 95(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5: S. 95(2)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6: Words in s. 95(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 176; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7: Words in s. 95(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F8: Words in s. 95(4)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F9: Words in s. 95(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F10: Words in s. 95(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement

I1: S. 95 in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2) (with art. 7)
I2: S. 95(1)(a)(2)-(5) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3) (with art. 5)
I3: S. 95(1)(b)(6) in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)