OpenLegislation

Section 98 Conditions relating to the continuation of the provision of services etc.I4I1

I2(1)

The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in particular—

(a)

providing information to the commissioners of services to which the condition applies and to such other persons as F1NHS England may direct,

(b)

allowing F2NHS England to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and

(c)

co-operating with such persons as F3NHS England may appoint to assist in the management of the licence holder's affairs, business and property.

(2)

A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.

(3)

Where a licence includes a condition under section 97(1)(i), (j) or (k), F4NHS England must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.

I3(4)

F5NHS England must publish guidance—

(a)

for commissioners of a service to which a condition under section 97(1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and

(b)

for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.

(5)

A commissioner of services to which a condition under section 97(1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).

F6(5A)

In subsections (4)(a) and (5) “commissioner” does not include NHS England.

(6)

F7NHS England may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.

(7)

Before publishing guidance under subsection (4) or (6), F8NHS England must obtain the approval of—

(a)

the Secretary of State, F9...

(b)

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

Annotations

Textual amendments

F1

Words in s. 98(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2

Words in s. 98(1)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3

Words in s. 98(1)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4

Words in s. 98(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

Words in s. 98(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6

S. 98(5A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7

Words in s. 98(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8

Words in s. 98(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(7)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9

S. 98(7)(b) and word omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(7)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement

I1

S. 98 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)

I2

S. 98(1)(2) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)

I3

S. 98(4)(7) in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2) (with art. 8)

I4

S. 98 partly in force; s. 98 in force for specified purposes at Royal Assent, see s. 306(1)(d)