PART 3Regulation of health and adult social care services

CHAPTER 3Licensing

Enforcement

106I1Enforcement undertakings

1

F1NHS England may accept an enforcement undertaking from a person if F1NHS England has reasonable grounds to suspect that the person—

I3a

has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter,

I2b

is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or

I2c

is in breach of a requirement imposed by F1NHS England under section 104.

I22

In this Chapter, “enforcement undertaking” means an undertaking from a person to take such action of a kind mentioned in subsection (3) as may be specified in the undertaking within such period as may be so specified.

I23

The specified action must be—

a

action to secure that the breach in question does not continue or recur,

b

action to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred,

c

action (including the payment of a sum of money) to benefit—

i

any other licence holder affected by the breach, or

ii

any commissioner of health care services for the purposes of the NHS which is affected by the breach, or

d

action of such a description as may be prescribed.

I24

Where F3NHS England accepts an enforcement undertaking then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it—

a

F3NHS England may not impose on that person any discretionary requirement which it would otherwise have power to impose by virtue of section 105 in respect of the breach to which the undertaking relates, and

b

if the breach to which the undertaking relates falls within subsection (1)(b), F3NHS England may not revoke that person's licence under section 89(b).

I25

Where a person from whom F2NHS England has accepted an enforcement undertaking has failed to comply fully with the undertaking but has complied with part of it, F2NHS England must take the partial compliance into account in deciding whether—

a

to impose a discretionary requirement on the person in respect of the breach to which the undertaking relates, or

b

if the breach to which the undertaking relates falls within subsection (1)(b), to revoke the person's licence under section 89(b).