PART 3

Regulation of health and adult social care services
CHAPTER 3

Licensing

Licence conditions

Conditions relating to the continuation of the provision of services etc.
98
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 Monitor may direct,
b
allowing Monitor 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 Monitor 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), Monitor must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.
4
Monitor 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).
6
Monitor 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), Monitor must obtain the approval of—
a
the Secretary of State, and
b
the National Health Service Commissioning Board.