Health and Social Care Act 2012
2012 CHAPTER 7
Commentary on Sections
Part 3 - Regulation of Health and Adult Social Care Services
Chapter 3 – Licensing
Licensing procedure
761. Section 87 - Grant or refusal of licence
762.This section stipulates the process once an application for a licence has been made to Monitor. Where Monitor is satisfied that the provider has met the published criteria, it must approve the provider’s application and, in accordance with subsection (3), issue the licence to the applicant. If Monitor is not satisfied that the applicant meets the criteria, it must refuse the application.
763.Subsection (4) provides that licences are subject to both standard licence conditions and any special licence conditions. Further details about these types of conditions are in later sections. Subsection (4) also provides that licences granted to foundation trusts are subject to any licence conditions imposed under section 111 (imposition of licence conditions on NHS foundation trusts during the transitional period).
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