PART 3Regulation of health and adult social care services

CHAPTER 4Pricing

126Applications under section 125: notification of commissioners

1

This section applies where Monitor—

a

receives an application under section 125, and

b

is satisfied that the continued provision for the purposes of the NHS of health care services to which a condition in the applicant’s licence under section 97(1)(i), (j) or (k) applies is being put at significant risk by the configuration of certain health care services provided for those purposes.

2

In subsection (1), a reference to the provision of services is a reference to their provision by the applicant or any other provider.

3

Monitor must as soon as reasonably practicable notify the National Health Service Commissioning Board and such clinical commissioning groups as Monitor considers appropriate—

a

of its receipt of the application, and

b

of its reasons for being satisfied as mentioned in subsection (1)(b).

4

Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor’s reasons for being satisfied as mentioned in subsection (1)(b).

5

The Board and clinical commissioning groups, having received a notification under this section, must have regard to it in arranging for the provision of health care services for the purposes of the NHS.