Regulation 22 Reviews of stop notices
The Secretary of State must review a notice in a case to which regulation 21(2)(a) applies, if—
the supplier requests it; and
more than two years have elapsed since either the notice was given or the last review took place, whichever is the later, and if in the judgement of F1NHS England the supplier is then a suitable person to receive public funds from it, the Secretary of State must cancel that notice.
Where a notice has been given in a case to which regulation 21(2)(b) applies and the supplier considers that it has now complied with the condition specified in that notice, the Secretary of State must, if requested to do so by the supplier, review that notice and, if satisfied as a result of the review that the supplier has complied with the condition, cancel the notice.
In any case where a review has been conducted under paragraph (2), that supplier may not request a further review until a period of 12 months has elapsed since the last review.
Where a notice has been given in a case to which regulation 21(2)(c) applies and—
the person stated in that notice has since been restored to the list from which they were removed;
the supplier is a partnership, and the person stated in the notice was a partner in that partnership but has now ceased to be so; or
the supplier is a corporate body and the person stated in the notice was a director, chief executive or secretary of that corporate body but has now ceased to be so, the Secretary of State must, if requested to do so by the supplier, review that notice and may, if considered appropriate in the Secretary of State's judgement, cancel that notice.
If, as a result of a review under paragraph (1), (2) or (4), the Secretary of State does not cancel that notice, the supplier may appeal to the First-tier Tribunal within 28 days of receipt of the Secretary of State's decision.
Nothing in this regulation affects the ability of the Secretary of State to cancel a notice under section 181(5) of the 2006 Act (section 180: supplementary) without the supplier having requested a review.
Annotations
Textual amendments
- F1
Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1