PART 9Health and adult social care services: information
F1CHAPTER 4Enforcement
277EEnforcement of provisions under this Part
1
Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—
a
fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));
b
c
provides information in response to such a requirement that is false or misleading to a material extent.
2
The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
3
The regulations must include provision—
a
requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
b
ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
c
requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
d
requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
e
enabling a person on whom a financial penalty is imposed to appeal to the First-tier Tribunal in accordance with the regulations;
f
as to the powers of the Tribunal on such an appeal.
4
The provision that may be made by the regulations includes provision—
a
enabling a notice of intent or final notice to be withdrawn or amended;
b
requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
c
for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
d
for the recovery of financial penalties in the county court.
5
In this section “public body” has the meaning given by section 250(7).
Pt. 9 Ch. 4 inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 100(2), 186(6); S.I. 2022/1003, reg. 2(c)