Health and Social Care Act 2008

32 Appeals to the Tribunal E+W

(1) An appeal against—

(a) any decision of the Commission under this Chapter, other than a decision to give a warning notice under section 29 [F1 or 29A], or

(b) an order made by a justice of the peace under section 30,

lies to the [F2 First-tier Tribunal].

(2) No appeal against a decision or order may be brought by a person more than 28 days after service on the person of notice of the decision or order.

(3) On an appeal against a decision of the Commission, other than a decision to which a notice under section 31 relates, the [F3 First-tier Tribunal] may confirm the decision or direct that it is not to have effect.

(4) On an appeal against an order made by a justice of the peace the [F3 First-tier Tribunal] may confirm the order or direct that it is to cease to have effect.

(5) On an appeal against a decision to which a notice under section 31 relates, the [F3 First-tier Tribunal] may confirm the decision or direct that it is to cease to have effect.

(6) On an appeal against a decision or order, the [F3 First-tier Tribunal] also has power—

(a) to vary any discretionary condition for the time being in force in respect of the regulated activity to which the appeal relates,

(b) to direct that any such discretionary condition is to cease to have effect,

(c) to direct that any such discretionary condition as the [F3 First-tier Tribunal] thinks fit shall have effect in respect of the regulated activity, or

(d) to vary the period of any suspension.

(7) In this section—

• “discretionary condition”, in relation to registration under this Chapter, means any condition other than a registered manager condition required by section 13(1);

• F4 ...

Textual Amendments

F1 Words in s. 32(1)(a) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 82(4)(a), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)

F2 Words in s. 32(1) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 474(a)

F3 Words in s. 32(3)-(6) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 474(a)

F4 Words in s. 32(7) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 474(b)

Modifications etc. (not altering text)

C1 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)

C2 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)

C3 S. 32 applied (12.1.2009) by Health and Social Care Act 2008 (Commencement No.6, Transitory and Transitional Provisions) Order 2008 (S.I. 2008/3168), art. 7(6)

C4 S. 32 applied (11.12.2009) by The Health and Social Care Act 2008 (Commencement No. 13, Transitory and Transitional Provisions and Electronic Communications) Order 2009 (S.I. 2009/3023), arts. 1(1), 7(6) (as amended (8.2.2010) by S.I. 2010/47, art. 2)

C5 S. 32 applied (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 7(7)

C6 S. 32(7) modified (12.1.2009) by Health and Social Care Act 2008 (Commencement No.6, Transitory and Transitional Provisions) Order 2008 (S.I. 2008/3168), art. 5

Commencement Information

I1 S. 32 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2

I2 S. 32 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 10 (with Pt. 3)