SCHEDULES
SCHEDULE 11Further provision about F1NHS England’s enforcement powers
PART 2Enforcement undertakings
Procedure
I19
1
F2NHS England must publish a procedure for entering into enforcement undertakings.
2
3
F4NHS England must consult such persons as it considers appropriate before publishing or revising the procedure.
I210
1
2
But F6NHS England must not under sub-paragraph (1) publish any part of an enforcement undertaking which contains information which it is satisfied is—
a
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
b
information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
Variation of terms
I311
The terms of an enforcement undertaking (including, in particular, the action specified under it and the period so specified within which the action must be taken) may be varied if both the person giving the undertaking and F7NHS England agree.
Compliance certificates
I412
1
2
A person who has given an enforcement undertaking may at any time make an application to F9NHS England for a compliance certificate.
3
The application must be made in such form, and accompanied by such information, as F10NHS England requires.
4
F11NHS England must decide whether or not to issue a compliance certificate, and give notice to the applicant of its decision, before the end of the period of 14 days beginning with the day after that on which the application is received.
I513
1
An appeal lies to the First-tier Tribunal against a decision of F12NHS England to refuse an application for a certificate of compliance.
2
The grounds for an appeal under this paragraph are that the decision was—
a
based on an error of fact,
b
wrong in law, or
c
unfair or unreasonable.
3
On an appeal under this paragraph, the Tribunal may confirm F13NHS England’s decision or direct that it is not to have effect.
Inaccurate, incomplete or misleading information
I614
Where F14NHS England is satisfied that a person who has given an enforcement undertaking has supplied F14NHS England with inaccurate, misleading or incomplete information in relation to the undertaking—
a
F14NHS England may treat the person as having failed to comply with the undertaking, and
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)