PART 3

Regulation of health and adult social care services
CHAPTER 3

Licensing

Enforcement

Power to require documents and information
104
1
NHS England may require a person mentioned in subsection (2) to provide it with any information, documents, records or other items which it considers it necessary or expedient to have for the purposes of any of its regulatory functions.
2
The persons are—
a
an applicant for a licence under this Chapter,
b
a licence holder,
c
a person who has provided, or is providing, a health care service for the purposes of the NHS in accordance with an exemption by virtue of section 83 from the requirement to hold a licence under this Chapter,
d
a person who has provided, or is providing, a health care service for the purposes of the NHS in breach of that requirement,
e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
f
an integrated care board.
3
The power in subsection (1) includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
4
In this section “
regulatory functions
”, in relation to NHS England, has the meaning given by section
13SB
(2)
of the National Health Service Act 2006.
S. 104(1)(2)(a)(f)(3)(4)(a)(d) in force at 1.11.2012 by S.I. 2012/2657, art. 2(2) (with art. 9)
S. 104(2)(b)(4)(c) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
S. 104(2)(e) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 104(2)(c)(d) in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
Words in s. 104(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 66(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
S. 104(2)(e) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 66(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
S. 104(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 66(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
S. 104(2)(f) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 180; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)