Health and Social Care Act 2012

Procedure

3 (1) A person may appeal to the First-tier Tribunal against a decision of Monitor to impose a discretionary requirement.

(2) The grounds for an appeal under this paragraph are—

(a) that the decision was based on an error of fact,

(b) that the decision was wrong in law,

(c) in the case of a decision imposing a variable monetary penalty, that the amount of the penalty is unreasonable,

(d) in the case of a decision to impose a compliance requirement or a restoration requirement, that the nature of the requirement is unreasonable, or

(e) that the decision was unreasonable for any other reason.

(3) The discretionary requirement is suspended pending determination of the appeal.

(4) On an appeal under this paragraph, the Tribunal may—

(a) confirm, vary or withdraw the discretionary requirement,

(b) take such steps as Monitor could take in relation to the breach giving rise to the imposition of the requirement, or

(c) remit the decision whether to confirm the requirement, or any matter relating to that decision, to Monitor.