Paragraph 5 I1

If a person fails to comply with a compliance requirement or a restoration requirement F1NHS England may impose a monetary penalty on that person of such amount as NHS England may determine (a “non-compliance penalty”).

Where F2NHS England proposes to impose a non-compliance penalty on a person NHS England must give notice to that person (a “non-compliance notice”).

A non-compliance notice must—

The payment period must be not less than 28 days beginning with the day after that on which the non-compliance notice is received.

If the whole or any part of a non-compliance penalty is not paid by the time it is required to be paid F3NHS England may increase the amount payable by no more than 50% of the amount of the penalty.

F4NHS England may by notice to a person on whom a non-compliance penalty has been imposed reduce the amount of the penalty or extend the payment period.