# Health and Social Care Act 2008, Section 32: Appeals to the Tribunal

Extent: E+W

(1) An appeal against—
(a) any decision of the Commission under this Chapter, other than a decision to give a warning notice under section 29 or 29A, or
(b) an order made by a justice of the peace under section 30,
lies to the First-tier Tribunal.
(2) No appeal against a decision or order may be brought by a person more than 28 days after service on the person of notice of the decision or order.
(3) On an appeal against a decision of the Commission, other than a decision to which a notice under section 31 relates, the First-tier Tribunal may confirm the decision or direct that it is not to have effect.
(4) On an appeal against an order made by a justice of the peace the First-tier Tribunal may confirm the order or direct that it is to cease to have effect.
(5) On an appeal against a decision to which a notice under section 31 relates, the First-tier Tribunal may confirm the decision or direct that it is to cease to have effect.
(6) On an appeal against a decision or order, the First-tier Tribunal also has power—
(a) to vary any discretionary condition for the time being in force in respect of the regulated activity to which the appeal relates,
(b) to direct that any such discretionary condition is to cease to have effect,
(c) to direct that any such discretionary condition as the First-tier Tribunal thinks fit shall have effect in respect of the regulated activity, or
(d) to vary the period of any suspension.
(7) In this section—
“discretionary condition”, in relation to registration under this Chapter, means any condition other than a registered manager condition required by section 13(1);
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Source: https://www.legislation.gov.uk/ukpga/2008/14/section/32 (the official version)
Page: https://openlegislation.uk/health-and-social-care-act-2008/section-32
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.