PART 2Health and adult social care: information
I2I193Regulations under section 92: enforcement
1
Regulations under section 92(1) may make provision for the enforcement of requirements imposed by the regulations, including provision conferring on the Secretary of State the power to impose a financial penalty on a person who, without reasonable excuse—
a
fails to comply with such a requirement, or
b
provides information in response to such a requirement that is false or misleading to a material extent.
2
The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
3
Regulations by virtue of subsection (1) must include provision—
a
requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
b
ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
c
requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
d
requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
e
enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
f
as to the powers of the court or tribunal on such an appeal.
4
The provision that may be made by the regulations by virtue of subsection (1) includes provision—
a
enabling a notice of intent or final notice to be withdrawn or amended;
b
requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
c
for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
d
as to how financial penalties are recoverable.