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Regulation 4 Calculation of turnover for the purposes of section 105(4) of the Act: ... integrated care boardsF14F2I1

England and Wales

(1)

For the purposes of section 105(4) of the Act, the turnover F1... of an integrated care board is to be the revenue resource use by F3... F4the integrated care board—

(a)

during the financial year preceding the date on which F5NHS England gives notice of a proposed variable monetary penalty to F6... that F7integrated care board F8... under paragraph 1(1) of Schedule 11 to the Act (procedure for discretionary requirements); or

(b)

if figures are not available for that financial year, the one immediately preceding it.

(2)

Where the period during the preceding financial year for which F9... F10an integrated care board has revenue resource use is less than 12 months, the turnover is to be the revenue resource use in that period divided by the number of months in that period and multiplied by 12.

(3)

Where there is no preceding financial year for F11an integrated care board, the turnover is to be the revenue resource use of F12the integrated care board in the relevant period, divided by the number of months in that period and multiplied by 12.

(4)

In this regulation—

  • “relevant period” means the period in the financial year in which the date of the notice falls ending on the last day of the month preceding the month in which that date falls;

  • F13“revenue resource use” means the local revenue resource use of an integrated care board which is attributable to matters specified in a direction given to the integrated care board under section 223N(1) of the National Health Service Act 2006

Annotations

Textual amendments

F1

Words in reg. 4(1) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 212(5)(b)(i)(aa)

F2

Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F3

Words in reg. 4(1) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 212(5)(b)(i)(bb)

F4

Words in reg. 4(1) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 69(2)(a)(i)

F5

Words in reg. 4(1)(a) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 111(3)

F6

Words in reg. 4(1)(a) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 212(5)(b)(ii)(aa)

F7

Words in reg. 4(1)(a) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 69(2)(a)(ii)

F8

Words in reg. 4(1)(a) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 212(5)(b)(ii)(bb)

F9

Words in reg. 4(2) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 212(5)(c)

F10

Words in reg. 4(2) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 69(2)(b)

F11

Words in reg. 4(3) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 69(2)(c)(i)

F12

Words in reg. 4(3) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 69(2)(c)(ii)

F13

Words in reg. 4(4) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 69(2)(d)

F14

Words in reg. 4 heading omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 212(5)(a)

Commencement

I1

Reg. 4 in force at 5.9.2013, see reg. 1(1)