Health and Social Care Act 2012 (c. 7)

PART 3 U.K. Regulation of health and adult social care services

CHAPTER 3 E+W Licensing

Licence conditions E+W

103 Standard condition as to transparency of certain criteria E+W

(1) The standard conditions applicable to any licence under this Chapter must include a condition requiring the licence holder to—

(a) set transparent eligibility and selection criteria, and

(b) apply those criteria in a transparent way to persons who, having a choice of persons from whom to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.

(2) “Eligibility and selection criteria”, in relation to a licence holder, means criteria for determining—

(a) whether a person is eligible, or is to be selected, to receive health care services provided by the licence holder for the purposes of the NHS, and

(b) if the person is selected, the manner in which the services are provided to the person.

(3) The following powers must not be exercised so as to omit the condition mentioned in subsection (1) from any licence under this Chapter—

(a) [F1 the power conferred on NHS England by section 100] to modify the standard conditions applicable to all licences, or to licences of a particular description,

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c) the powers conferred by section 102 on the [F3 CMA] and Secretary of State to modify those conditions or the conditions of a particular licence.

Textual Amendments

F1 Words in s. 103(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 85(5)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2 S. 103(3)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3 Word in s. 103(3)(c) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 130(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I1 S. 103 in force at 1.4.2013 for specified purposes by S.I. 2013/671, art. 2(3)

I2 S. 103 in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)

I3 S. 103(1)(2) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)