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Health and Social Care Act 2012

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This is the original version (as it was originally enacted).

144Investment principles and reviews
This sectionnoteType=Explanatory Notes has no associated

(1)Monitor must prepare and publish a statement of the principles that govern its decisions, or decisions made on its behalf, about making investments for the purposes of this Chapter.

(2)Monitor must—

(a)in each financial year, review the statement,

(b)if it considers necessary in light of the review, revise the statement, and

(c)if it revises the statement, publish the revised statement.

(3)As soon as reasonably practicable after the end of each financial year, Monitor must undertake and publish a review of the operation during that year of—

(a)the procedure for health special administration under Chapter 5,

(b)the procedure for trust special administration for NHS foundation trusts under Chapter 5A of Part 2 of the National Health Service Act 2006, and

(c)such mechanisms as have been established under section 134.

(4)The purposes of the review under subsection (3)(c) are—

(a)to assess the operation of the mechanisms concerned,

(b)to assess the accuracy of the estimates given by Monitor in relation to the operation of the mechanisms,

(c)to assess what improvements can be made to the process for making estimates in relation to the operation of the mechanisms, and

(d)to review the extent of the protection which the mechanisms are required to provide.

(5)Where a fund established under section 135 has been in operation for the whole or part of the year concerned, the review published under this section must specify—

(a)the income of the fund during that year, and

(b)the expenditure from the fund during that year.

(6)Monitor must exclude from a review published under this section information which it is satisfied is—

(a)commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;

(b)information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.

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