S. 95 in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2) (with art. 7)

S. 95(1)(a)(2)-(5) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3) (with art. 5)

S. 95(1)(b)(6) in force at 1.7.2013 in so far as not already in force by S.I. 2013/671, art. 2(4)

Words in s. 95(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 95(1)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 95(1)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(2)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 95(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

S. 95(2)(c) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 95(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 176; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 95(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 95(4)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 95(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 95(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 59(5)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

http://www.legislation.gov.uk/ukpga/2012/7/section/95Health and Social Care Act 2012An Act to establish and make provision about a National Health Service Commissioning Board and clinical commissioning groups and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services; to make provision about public involvement in health and social care matters, scrutiny of health matters by local authorities and co-operation between local authorities and commissioners of health care services; to make provision about regulating health and social care workers; to establish and make provision about a National Institute for Health and Care Excellence; to establish and make provision about a Health and Social Care Information Centre and to make other provision about information relating to health or social care matters; to abolish certain public bodies involved in health or social care; to make other provision about health care; and for connected purposes.texttext/xmlenStatute Law Database2026-05-06Expert Participation2026-05-05Health and Social Care Act 2012s. 105(3A)(3B)Enterprise and Regulatory Reform Act 2013Sch. 14 para. 21s. 103(3)Health and Social Care Act 2012s. 106(3A)(3B)Enterprise and Regulatory Reform Act 2013Sch. 14 para. 22s. 103(3)Health and Social Care Act 2012specified provision(s)The Health and Social Care Act 2012 (Commencement No.3, Transitional, Savings and Transitory Provisions and Amendment) Order 2012art. 15Health and Social Care Act 2012Pt. 9 Ch. 1BHealth and Care Act 2022s. 96s. 186(6)Health and Social Care Act 2012s. 259(1)(aa)(b)Health and Care Act 2022s. 98(b)s. 186(6)Health and Social Care Act 2012s. 259(10A)(10B)Health and Care Act 2022s. 98(h)s. 186(6)Health and Social Care Act 2012s. 259(1)(aa)The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023Sch. para. 17(11)(a)(iii)reg. 3reg. 1(4)Health and Social Care Act 2012s. 102(4)(ba)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019reg. 28reg. 1(1)PART 3Regulation of health and adult social care servicesCHAPTER 3LicensingLicence conditions
95Special conditions(1)

NHS England may—

(a)

... include a special condition in a licence under this Chapter, and

(b)

... modify a special condition of a licence.

(2)

Before including a special condition or making such modifications NHS England must give notice to—

(a)

the applicant or the licence holder (as the case may be),

(b)

the Secretary of State,

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

such integrated care boards as are likely to be affected by the proposed inclusion or modifications, and

(e)

the Care Quality Commission and its Healthwatch England committee.

(3)

NHS England must also publish the notice under subsection (2).

(4)

The notice under subsection (2) must—

(a)

state that NHS England proposes to include the special condition or make the modifications and set out its or their proposed effect,

(b)

set out NHS England’s reasons for the proposal, and

(c)

specify the period (“the notice period”) within which representations with respect to the proposal may be made to NHS England.

(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)

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