Health and Social Care Bill

201D:Clause 117, page 125, line 14, at end insert— ““(5A) Where the Commissioner of a health service receives an offer from a service provider licenced under section 80 at a price below the price that is payable by virtue of this Chapter, the commissioner shall seek the agreement of Monitor before placing any order for this service. (5B) Before acceding to a request from a commissioner in accordance with subsection (5A), Monitor shall satisfy itself that— (a) the quality of the service to be provided will not be inferior to the same service provided by another supplier at the price payable by virtue of this Chapter, and (b) there will be no consequent unacceptable impact on the structure or capabilities of the NHS. (5C) Subject to the considerations under subsection (5B), Monitor shall not unreasonably withhold its consent.””