PART 3

Regulation of health and adult social care services
CHAPTER 3

Licensing

Licence conditions

Standard condition as to transparency of certain criteria
103
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
the powers conferred on Monitor by sections 100, 101(7) and paragraph 7(2) of Schedule 10 to modify the standard conditions applicable to all licences, or to licences of a particular description,
b
the power conferred on the Competition Commission by paragraph 8(5) of that Schedule to modify those conditions, and
c
the powers conferred by section 102 on the Office of Fair Trading, Competition Commission and Secretary of State to modify those conditions or the conditions of a particular licence.