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Health and Social Care Act 2012
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Changes over time for: Section 98
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Health and Social Care Act 2012, Section 98 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 98:
- specified provision(s) amendment to earlier commencing SI 2012/1831 art. 10 by S.I. 2012/2657 art. 15
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 102(4)(ba) inserted by S.I. 2019/93, Sch. 1 para. 13(3) (as substituted) by S.I. 2019/1245 reg. 28 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 250(2)-(2B) substituted for s. 250(2) by 2022 c. 31 s. 95(2)(a)
- s. 250(6)-(6D) substituted for s. 250(6) by 2022 c. 31 s. 95(2)(d)
- s. 251 251ZA substituted for s. 251 by 2022 c. 31 s. 95(3)
- s. 251C(6A) inserted by 2022 c. 31 s. 95(4)(a)
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 304(5)(ja) inserted by 2022 c. 31 s. 95(5)
98Conditions relating to the continuation of the provision of services etc.E+W
This section has no associated Explanatory Notes
(1)The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in particular—
(a)providing information to the commissioners of services to which the condition applies and to such other persons as [F1NHS England] may direct,
(b)allowing [F2NHS England] to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and
(c)co-operating with such persons as [F3NHS England] may appoint to assist in the management of the licence holder's affairs, business and property.
(2)A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.
(3)Where a licence includes a condition under section 97(1)(i), (j) or (k), [F4NHS England] must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.
(4)[F5NHS England] must publish guidance—
(a)for commissioners of a service to which a condition under section 97(1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and
(b)for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.
(5)A commissioner of services to which a condition under section 97(1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).
[F6(5A)In subsections (4)(a) and (5) “commissioner” does not include NHS England.]
(6)[F7NHS England] may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.
(7)Before publishing guidance under subsection (4) or (6), [F8NHS England] must obtain the approval of—
(a)the Secretary of State, F9...
F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 98(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 98(1)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 98(1)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in s. 98(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in s. 98(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6S. 98(5A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7Words in s. 98(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F8Words in s. 98(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(7)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F9S. 98(7)(b) and word omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 62(7)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 98 partly in force; s. 98 in force for specified purposes at Royal Assent, see s. 306(1)(d)
I2S. 98 in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)
I3S. 98(1)(2) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)
I4S. 98(4)(7) in force at 1.11.2012 in so far as not already in force by S.I. 2012/2657, art. 2(2) (with art. 8)
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