SCHEDULES
SCHEDULE 11Further provision about F1NHS England’s enforcement powers
Annotations:
Amendments (Textual)
PART 1Discretionary requirements
Non-compliance penalties
I16
1
A person may appeal to the First-tier Tribunal against a decision of F2NHS England to impose a non-compliance penalty.
2
The grounds for such an appeal are—
a
that the decision was based on an error of fact,
b
that the decision was wrong in law, or
c
that the decision was, or the amount of the penalty is, unfair or unreasonable.
3
The non-compliance penalty is suspended pending determination of the appeal.
4
On an appeal, the Tribunal may—
a
confirm, vary or withdraw the non-compliance penalty, or
b
remit the decision whether to confirm the penalty, or any matter relating to that decision, to F3NHS 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)