SCHEDULES
SCHEDULE 11Further provision about F1NHS England’s enforcement powers
PART 1Discretionary requirements
Procedure
3
I11
A person may appeal to the First-tier Tribunal against a decision of F2NHS England to impose a discretionary requirement.
2
The grounds for an appeal under this paragraph are—
I1a
that the decision was based on an error of fact,
I1b
that the decision was wrong in law,
I2c
in the case of a decision imposing a variable monetary penalty, that the amount of the penalty is unreasonable,
I1d
in the case of a decision to impose a compliance requirement or a restoration requirement, that the nature of the requirement is unreasonable, or
I1e
that the decision was unreasonable for any other reason.
3
The discretionary requirement is suspended pending determination of the appeal.
4
On an appeal under this paragraph, the Tribunal may—
a
confirm, vary or withdraw the discretionary requirement,
b
take such steps as F3NHS England could take in relation to the breach giving rise to the imposition of the requirement, or
c
remit the decision whether to confirm the requirement, or any matter relating to that decision, to F4NHS England.
Words in Sch. 11 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)