Health and Social Care Act 2012

100Modification of standard conditions

(1)Monitor may, subject to the requirements of this section, modify the standard conditions applicable to all licences under this Chapter or to licences of a particular description.

(2)Before making any such modifications Monitor must give notice to—

(a)each relevant licence holder,

(b)the Secretary of State,

(c)the National Health Service Commissioning Board,

(d)every clinical commissioning group, 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 make the modifications,

(b)set out the proposed effect of the modifications,

(c)set out Monitor’s reasons for the proposal, and

(d)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)Monitor may not make any modifications under this section unless—

(a)no relevant licence holder has made an objection to Monitor about the proposal within the notice period, or

(b)subsection (7) applies to the case.

(7)This subsection applies where—

(a)one or more relevant licence holders make an objection to Monitor about the proposal within the notice period,

(b)the objection percentage is less than the percentage prescribed for the purposes of this paragraph, and

(c)the share of supply percentage is less than the percentage prescribed for the purposes of this paragraph.

(8)In subsection (7)—

(a)the “objection percentage” is the proportion (expressed as a percentage) of the relevant licence holders who objected to the proposals;

(b)the “share of supply percentage” is the proportion (expressed as a percentage) of the relevant licence holders who objected to the proposals, weighted according to their share of the supply in England of such services as may be prescribed.

(9)Regulations prescribing a percentage for the purposes of subsection (7)(c) may include provision prescribing the method to be used for determining a licence holder’s share of the supply in England of the services concerned.

(10)Where Monitor modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, Monitor—

(a)may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,

(b)must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and

(c)must publish the modifications.

(11)In this section and section 101, “relevant licence holder”—

(a)in relation to proposed modifications of the standard conditions applicable to all licences, means any licence holder, and

(b)in relation to proposed modifications of the standard conditions applicable to licences of a particular description, means a holder of a licence of that description.

(12)In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.