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Health and Social Care Act 2012
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Changes over time for: Section 100
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Changes to legislation:
Health and Social Care Act 2012, Section 100 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 100:
- specified provision(s) amendment to earlier commencing SI 2012/1831 art. 10 by S.I. 2012/2657 art. 15
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 102(4)(ba) inserted by S.I. 2019/93, Sch. 1 para. 13(3) (as substituted) by S.I. 2019/1245 reg. 28 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 250(2)-(2B) substituted for s. 250(2) by 2022 c. 31 s. 95(2)(a)
- s. 250(6)-(6D) substituted for s. 250(6) by 2022 c. 31 s. 95(2)(d)
- s. 251 251ZA substituted for s. 251 by 2022 c. 31 s. 95(3)
- s. 251C(6A) inserted by 2022 c. 31 s. 95(4)(a)
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 304(5)(ja) inserted by 2022 c. 31 s. 95(5)
100Modification of standard conditionsE+W
This section has no associated Explanatory Notes
(1)[F1NHS England] may, subject to the requirements of this section, modify the standard conditions applicable to all licences under this Chapter or to licences of a particular description.
[F2(1A)Before making modifications under subsection (1) that NHS England consider to be a major change, NHS England must—
(a)carry out an assessment of the likely impact of the modifications, or
(b)publish a statement setting out its reasons for concluding that such assessment is not needed.]
(2)Before making any [F3modifications under subsection (1)] [F4NHS England] must give notice to—
(a)each relevant licence holder,
(b)the Secretary of State,
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)every [F6integrated care board], 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 make the modifications,
(b)set out the proposed effect of the modifications,
[F9(ba)set out any impact assessment carried out by NHS England under subsection (1A)(a),]
(c)set out [F10NHS England’s] reasons for the proposal, and
(d)specify the period (“the notice period”) within which representations with respect to the proposal may be made to [F11NHS 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).
F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)Where [F13NHS England] modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, [F13NHS England]—
(a)may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,
(b)must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
(c)must publish the modifications.
(11)In this sectionF14..., “relevant licence holder”—
(a)in relation to proposed modifications of the standard conditions applicable to all licences, means any licence holder, and
(b)in relation to proposed modifications of the standard conditions applicable to licences of a particular description, means a holder of a licence of that description.
(12)In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
Textual Amendments
F1Words in s. 100(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2S. 100(1A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 35(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 100(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 35(3), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in s. 100(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5S. 100(2)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6Words in s. 100(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 178; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7Words in s. 100(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F8Words in s. 100(4)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(5)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F9S. 100(4)(ba) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 35(4), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F10Words in s. 100(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(5)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F11Words in s. 100(4)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(5)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F12S. 100(6)-(9) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F13Words in s. 100(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 64(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F14Words in s. 100(11) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(3)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 100 partly in force; s. 100 in force for specified purposes at Royal Assent, see s. 306(1)(d)
I2S. 100 in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)
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