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Health and Social Care Act 2012

108Guidance as to use of enforcement powersE+W
This section has no associated Explanatory Notes

(1)[F1NHS England] must publish guidance about how it intends to exercise its functions under sections 105 and 106 and Schedule 11.

(2)[F1NHS England] may revise the guidance and, if it does so, must publish the guidance as revised.

(3)[F1NHS England] must consult such persons as it considers appropriate before publishing or revising the guidance.

(4)Guidance relating to [F2NHS England’s] functions under section 105 must include information about—

(a)the circumstances in which [F3NHS England] is likely to impose a discretionary requirement,

(b)the circumstances in which [F4NHS England] may not impose a discretionary requirement,

(c)the matters likely to be taken into account by [F5NHS England] in determining the amount of any variable monetary penalty to be imposed (including, where relevant, any discounts for voluntary reporting of breaches in respect of which a penalty may be imposed), and

(d)rights to make representations and rights of appeal.

(5)[F6NHS England] must have regard to the guidance or (as the case may be) revised guidance in exercising its functions under sections 105 and 106 and Schedule 11.

Textual Amendments

Commencement Information

I1S. 108(1)-(4) in force at 1.11.2012 for specified purposes by S.I. 2012/2657, art. 2(2)

I2S. 108(1)-(4) in force at 1.4.2013 in so far as not already in force by S.I. 2013/671, art. 2(3)

I3S. 108(5) in force at 1.4.2013 by S.I. 2013/671, art. 2(3)