SCHEDULE 12 Procedure on References Under Section 120
Health and Social Care Act 2012 (2012 c 7) | Legislation

SCHEDULE 12 Procedure on References Under Section 120

Section 120

Contents etc of reference

1

(1)     A reference under section 120 must specify—

(a)     Monitor's reasons for proposing the method to which the reference relates, and

(b)     its representations as to why the grounds referred to in section 121(4) do not apply.

(2)     Monitor must give notice of the reference to—

(a)     [NHS England], and

(b)     each objector.

(3)     The notice must be accompanied by a copy of the reference.

(4)     In this Schedule, “objector†means—

(a)     in relation to a reference made where the condition in section 120(2)(a) is not met, each clinical commissioning group who objected to the proposed method to which the reference relates, and

(b)     in relation to a reference made where the condition in section 120(2)(b) or (c) is not met, each relevant provider who objected to that proposed method.

Representations by objectors

2

(1)     If an objector wishes to make representations to the [CMA] on the matters specified in the reference for the purposes of paragraph 1(1), the objector must do so before the end of the period of 10 working days beginning with the day on which

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Directors’ remuneration

Directors’ remunerationCompany directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their

LEXISNEXIS

Recklessness in criminal cases

Recklessness in criminal casesWhat is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House

LEXISNEXIS

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished

LEXISNEXIS

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive and implied trusts, although it is perhaps doubtful whether there is any form of implied trust which is not in fact either a resulting trust or a