PART 3

Regulation of health and adult social care services
CHAPTER 3

Licensing

Transitional provision

Orders under section 112: criteria for deciding applicable trusts
113
1
Where the Secretary of State proposes to make an order under section 112, the Secretary of State must notify Monitor.
2
Monitor, having received a notification under subsection (1), must set the criteria that are to be applied for the purpose of determining to which NHS foundation trusts the order should apply.
3
Before setting criteria under subsection (2), Monitor must—
a
consult the Care Quality Commission and such other persons as Monitor considers appropriate, and
b
obtain the approval of the Secretary of State.
4
If the Secretary of State approves the proposed criteria, Monitor must—
a
publish the criteria,
b
determine, by applying the criteria, to which trusts the order should apply,
c
notify the Secretary of State of its determination, and
d
publish a list of the trusts concerned.
5
If the Secretary of State does not approve the proposed criteria, Monitor must propose revised criteria; and subsections (3)(b) and (4) apply in relation to the proposed revised criteria as they apply in relation to the criteria previously proposed.
6
The Secretary of State, having received a notification under subsection (4)(c), must review Monitor’s determination under subsection (4)(b).