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Health and Social Care Act 2012

Section 63 – Secretary of State’s guidance on duty under section 62(9)

675.This section provides the Secretary of State a power to publish guidance for the purposes of assisting Monitor to comply with its duty under section 62(9) to exercise its functions in a manner consistent with the Secretary of State’s duty to promote a comprehensive health service in England.

676.Subsection (1) provides that the guidance would address-

a)

the objectives specified in the mandate published under section 13A of the NHS Act which the Secretary of State considers to be relevant to Monitor’s exercise of its functions, and

b)

the Secretary of State’s reasons for considering those objectives to be relevant to Monitor’s exercise of its functions.

677.Subsection (2) requires that in exercising its functions, Monitor must have regard to any such guidance.

678.Subsection (3) provides that where the Secretary of State publishes guidance under subsection (1), the Secretary of State must lay a copy of the published guidance before Parliament.

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