SCHEDULES

SCHEDULE 11Further provision about NHS England’s enforcement powers

PART 1Discretionary requirements

Procedure

1

(1)

Where F1NHS England proposes to impose a discretionary requirement on a person, F1NHS England must give notice to that person (a “notice of intent”).

(2)

A notice of intent must—

(a)

state that F2NHS England proposes to impose the discretionary requirement and set out its effect,

(b)

set out the grounds for the proposal to impose the requirement,

(c)

explain the effect of section 106 (enforcement undertakings),

(d)

set out the circumstances (if any) in which F3NHS England may not impose the requirement, and

(e)

specify the period (“the notice period”) within which representations with respect to the proposal may be made to F4NHS England.

(3)

The notice period must be not less than 28 days beginning with the day after that on which the notice of intent is received.

(4)

But where F5NHS England—

(a)

proposes to impose a compliance requirement or restoration requirement, and

(b)

considers that a shorter notice period is necessary to prevent or minimise further breaches of the kind referred to in section 105(1),

the notice period is to be such shorter period as F5NHS England may determine, but not less than 5 days beginning with the day after that on which the notice of intent is received.