Section 92 Appeals to the Tribunal

(1)

An appeal lies to the First-tier Tribunal against a decision of F1NHS England to—

I1(a)

refuse an application for a licence under section 87, or

I2(b)

revoke a licence under section 89(b).

(2)

The grounds for an appeal under this section are that the decision was—

(a)

based on an error of fact,

(b)

wrong in law, or

(c)

unreasonable.

(3)

On an appeal under this section, the First-tier Tribunal may—

(a)

confirm F2NHS England’s decision,

(b)

direct that the decision is not to have effect, or

(c)

remit the decision to F3NHS England.

Annotations

F1: Words in s. 92(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 56(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2: Words in s. 92(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 56(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: Words in s. 92(3)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 56(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)