OpenLegislation

Paragraph 3

I1(1)

A person may appeal to the First-tier Tribunal against a decision of F1NHS England to impose a discretionary requirement.

(2)

The grounds for an appeal under this paragraph are—

(a)

that the decision was based on an error of fact,

(b)

that the decision was wrong in law,

I2(c)

in the case of a decision imposing a variable monetary penalty, that the amount of the penalty is unreasonable,

(d)

in the case of a decision to impose a compliance requirement or a restoration requirement, that the nature of the requirement is unreasonable, or

(e)

that the decision was unreasonable for any other reason.

(3)

The discretionary requirement is suspended pending determination of the appeal.

(4)

On an appeal under this paragraph, the Tribunal may—

(a)

confirm, vary or withdraw the discretionary requirement,

(b)

take such steps as F2NHS England could take in relation to the breach giving rise to the imposition of the requirement, or

(c)

remit the decision whether to confirm the requirement, or any matter relating to that decision, to F3NHS England.

Annotations

Textual amendments

F1

Words in Sch. 11 para. 3(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2

Words in Sch. 11 para. 3(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3

Words in Sch. 11 para. 3(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement

I1

Sch. 11 para. 3(1)(2)(a)(b)(d)(e) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)

I2

Sch. 11 para. 3(2)(c) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)

Notes on Schedule 11

Textual amendments

F1

Words in Sch. 11 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)