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Health and Social Care Act 2012

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This is the original version (as it was originally enacted).

95Special conditions
This sectionnoteType=Explanatory Notes has no associated

(1)Monitor may—

(a)with the consent of the applicant, include a special condition in a licence under this Chapter, and

(b)with the consent of the licence holder, modify a special condition of a licence.

(2)Before including a special condition or making such modifications Monitor must give notice to—

(a)the applicant or the licence holder (as the case may be),

(b)the Secretary of State,

(c)the National Health Service Commissioning Board,

(d)such clinical commissioning groups as are likely to be affected by the proposed inclusion or modifications, and

(e)the Care Quality Commission and its Healthwatch England committee.

(3)Monitor must also publish the notice under subsection (2).

(4)The notice under subsection (2) must—

(a)state that Monitor proposes to include the special condition or make the modifications and set out its or their proposed effect,

(b)set out Monitor’s reasons for the proposal, and

(c)specify the period (“the notice period”) within which representations with respect to the proposal may be made to Monitor.

(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).

(6)In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.

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