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).