Commencement of provisions2

1

Insofar as they are not already in force3, the following provisions of the 2012 Act are to come into force in accordance with this Order.

2

Section 172(4) and (5)(b) (supplementary) come into force immediately before the coming into force of section 173 (repeal of de-authorisation provisions) in accordance with paragraph (3).

3

1st April 2013 is the day appointed for the coming into force of—

  • section 66 (matters to have regard to in exercise of functions);

  • section 67 (conflicts between functions);

  • section 68 (duty to review regulatory burdens);

  • section 69 (duty to carry out impact assessments);

  • section 74 (competition functions: supplementary);

  • section 81 (requirement for health service providers to be licensed), only insofar as it relates to NHS foundation trusts;

  • section 82 (deemed breach of requirement to be licensed);

  • sections 85 to 87 (application and criteria for, and grant of, licence), insofar as they relate to licences for NHS foundation trusts;

  • section 88 (application and grant: NHS foundation trusts);

  • section 89 (revocation of licence);

  • section 90 (right to make representations), except subsection (1)(a);

  • section 91 (notice of decisions), except subsection (1)(a);

  • section 92 (appeals to the Tribunal), except subsection (1)(a);

  • section 93 (register of licence holders);

  • section 94 (standard conditions);

  • section 95 (special conditions), except subsections (1)(b) and (6);

  • section 97 (conditions: supplementary);

  • section 98 (conditions relating to the continuation of the provision of services etc.);

  • section 99 (notification of commissioners where continuation of services at risk);

  • section 102 (modification of conditions by order under other enactments);

  • section 103 (standard condition as to transparency of certain criteria), except insofar as it relates to Monitor’s functions under section 100 and 101(7) of the 2012 Act;

  • section 104(2)(b) and (4)(c) (power to require documents and information);

  • section 105(1)(b) and (c), (2)(b) and (c) and (3) (discretionary requirements);

  • section 106 (enforcement undertakings), except subsection (1)(a);

  • section 108 (guidance as to use of enforcement powers);

  • section 109 (publication of enforcement action);

  • section 110 (notification of enforcement action);

  • sections 111 to 114 (transitional provision);

  • section 148 (service of documents);

  • section 156(5) and (6) (annual report and forward plan);

  • section 159 (authorisation), except subsection (4);

  • section 163(2) and (7) to (9) (financial powers etc.);

  • section 164 (goods and services);

  • section 168 (mergers);

  • section 169 (acquisitions);

  • section 170 (separations);

  • section 171 (dissolution);

  • section 172 (supplementary);

  • section 173 (repeal of de-authorisation provisions);

  • section 289(4)(b) and (5), and section 289(1) insofar as it relates to those provisions (Care Quality Commission: duty to co-operate with Monitor); and

in Schedule 11 (further provision about Monitor’s enforcement powers)—

a

paragraph 1,

b

paragraph 2(1), (2) and (3)(a), (b), (d) and (e),

c

paragraph 3, except sub-paragraph (2)(c),

d

paragraph 4(a) and (c),

e

paragraphs 5 and 6,

f

paragraph 7(1) and (2)(b),

g

paragraph 8(b), and

h

paragraphs 9 to 14,

and section 107 insofar as it relates to those paragraphs.

4

1st July 2013 is the day appointed for the coming into force of—

  • section 95;

  • section 96(1)(c) (limits on Monitor’s functions to set or modify licence conditions);

  • section 100 (modification of standard conditions);

  • section 101 (modification references to the Competition Commission);

  • section 103;

  • section 105(2)(a), (4) and (5); and

  • section 107 and Schedule 11.

5

Insofar as they relate to consultation under section 118 and 119 of the 2012 Act (consultation on proposals for the national tariff, and consultation: further provision) in relation to a tariff published by Monitor under section 116 of the 2012 Act (the national tariff), 1st September 2013 is the day appointed for the coming into force of—

  • section 120 (responses to consultation) and Schedule 12 (procedure on references under section 120);

  • section 121 (determination on reference under section 120);

  • section 122 (changes following determination on reference under section 120); and

  • section 123 (power to veto changes proposed under section 122).