Part 1The Care Quality Commission

Chapter 2Registration in respect of provision of health or social care

Registration procedure

32Appeals to the Tribunal

1

An appeal against—

a

any decision of the Commission under this Chapter, other than a decision to give a warning notice under section 29, or

b

an order made by a justice of the peace under section 30,

lies to the Tribunal.

2

No appeal against a decision or order may be brought by a person more than 28 days after service on the person of notice of the decision or order.

3

On an appeal against a decision of the Commission, other than a decision to which a notice under section 31 relates, the Tribunal may confirm the decision or direct that it is not to have effect.

4

On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it is to cease to have effect.

5

On an appeal against a decision to which a notice under section 31 relates, the Tribunal may confirm the decision or direct that it is to cease to have effect.

6

On an appeal against a decision or order, the Tribunal also has power—

a

to vary any discretionary condition for the time being in force in respect of the regulated activity to which the appeal relates,

b

to direct that any such discretionary condition is to cease to have effect,

c

to direct that any such discretionary condition as the Tribunal thinks fit shall have effect in respect of the regulated activity, or

d

to vary the period of any suspension.

7

In this section—

  • “discretionary condition”, in relation to registration under this Chapter, means any condition other than a registered manager condition required by section 13(1);

  • “the Tribunal” means the tribunal established by section 9 of the Protection of Children Act 1999 (c. 14).