- Latest available (Revised)
- Point in Time (01/07/2013)
- Original (As enacted)
Version Superseded: 01/07/2022
Point in time view as at 01/07/2013.
Health and Social Care Act 2012, PART 1 is up to date with all changes known to be in force on or before 11 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1(1)Where Monitor proposes to impose a discretionary requirement on a person, Monitor must give notice to that person (a “notice of intent”).E+W
(2)A notice of intent must—
(a)state that Monitor 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 Monitor 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 Monitor.
(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 Monitor—
(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 Monitor may determine, but not less than 5 days beginning with the day after that on which the notice of intent is received.
Commencement Information
I1Sch. 11 para. 1 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
2(1)After the end of the notice period Monitor must decide whether to—E+W
(a)impose the discretionary requirement, with or without modifications, or
(b)impose any other discretionary requirement.
(2)Where Monitor decides under sub-paragraph (1) to impose a discretionary requirement on a person Monitor must give notice to that person (a “final notice”).
(3)A final notice must—
(a)state that Monitor has decided to impose the discretionary requirement and set out its effect,
(b)set out the grounds for imposing the requirement,
(c)in the case of a variable monetary penalty, state—
(i)how payment may be made,
(ii)the period (“the payment period”) within which payment must be made,
(iii)any discount applicable for early payment of the penalty, and
(iv)the rate of interest payable for late payment of the penalty,
(d)set out the consequences of failing to comply with the requirement, and
(e)explain the right of appeal conferred by paragraph 3.
(4)The payment period must be not less than 28 days beginning with the day after that on which the final notice is received.
(5)Monitor must not decide under sub-paragraph (1) to impose a variable monetary penalty unless the notice of intent was given before the end of the period of 5 years beginning with the day (or, in the case of a continuing breach, the last day) on which the breach giving rise to the imposition of the discretionary requirement occurred.
Commencement Information
I2Sch. 11 para. 2(1)(2)(3)(a)(b)(d)(e) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
I3Sch. 11 para. 2(3)(c)(4)(5) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
3(1)A person may appeal to the First-tier Tribunal against a decision of Monitor to impose a discretionary requirement.E+W
(2)The grounds for an appeal under this paragraph are—
(a)that the decision was based on an error of fact,
(b)that the decision was wrong in law,
(c)in the case of a decision imposing a variable monetary penalty, that the amount of the penalty is unreasonable,
(d)in the case of a decision to impose a compliance requirement or a restoration requirement, that the nature of the requirement is unreasonable, or
(e)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 Monitor 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 Monitor.
Commencement Information
I4Sch. 11 para. 3(1)(2)(a)(b)(d)(e) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
I5Sch. 11 para. 3(2)(c) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
4E+WMonitor may by notice to a person on whom a discretionary requirement has been imposed—
(a)withdraw the discretionary requirement,
(b)in the case of a variable monetary penalty, reduce the amount of the penalty or extend the payment period, or
(c)in the case of a compliance requirement or a restoration requirement, extend the period specified for taking the steps specified in the requirement.
Commencement Information
I6Sch. 11 para. 4(a)(c) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
I7Sch. 11 para. 4(b) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
5(1)If a person fails to comply with a compliance requirement or a restoration requirement Monitor may impose a monetary penalty on that person of such amount as Monitor may determine (a “non-compliance penalty”).E+W
(2)Where Monitor proposes to impose a non-compliance penalty on a person Monitor must give notice to that person (a “non-compliance notice”).
(3)A non-compliance notice must—
(a)specify the amount of the non-compliance penalty,
(b)set out the grounds for imposing the penalty,
(c)state how payment of the penalty may be made,
(d)state the period (“the payment period”) within which payment must be made,
(e)state any discount applicable for early payment of the penalty,
(f)set out the consequences of a failure to pay within the payment period (including any increase in the amount payable), and
(g)explain the right of appeal conferred by paragraph 6.
(4)The payment period must be not less than 28 days beginning with the day after that on which the non-compliance notice is received.
(5)If the whole or any part of a non-compliance penalty is not paid by the time it is required to be paid Monitor may increase the amount payable by no more than 50% of the amount of the penalty.
(6)Monitor may by notice to a person on whom a non-compliance penalty has been imposed reduce the amount of the penalty or extend the payment period.
Commencement Information
I8Sch. 11 para. 5 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
6(1)A person may appeal to the First-tier Tribunal against a decision of Monitor to impose a non-compliance penalty.E+W
(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 Monitor.
Commencement Information
I9Sch. 11 para. 6 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
7(1)Amounts payable to Monitor of the kind mentioned in sub-paragraph (2) are recoverable summarily as a civil debt (but this does not affect any other method of recovery).E+W
(2)The amounts are—
(a)a variable monetary penalty and any interest payable on it, or
(b)a non-compliance penalty.
Commencement Information
I10Sch. 11 para. 7(1)(2)(b) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
I11Sch. 11 para. 7(2)(a) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
8E+WMonitor must pay any sums it receives in respect of any of the following into the Consolidated Fund—
(a)a variable monetary penalty and any interest payable on it, or
(b)a non-compliance penalty.
Commencement Information
I12Sch. 11 para. 8(a) in force at 1.7.2013 by S.I. 2013/671, art. 2(4)
I13Sch. 11 para. 8(b) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: