PART 3Regulation of health and adult social care services
CHAPTER 3Licensing
Licence conditions
95Special conditions
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.