Textual Amendments
F1Words in Sch. 11 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
12(1)Where [F2NHS England] is satisfied that an enforcement undertaking has been complied with, [F2NHS England] must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”).E+W
(2)A person who has given an enforcement undertaking may at any time make an application to [F3NHS England] for a compliance certificate.
(3)The application must be made in such form, and accompanied by such information, as [F4NHS England] requires.
(4)[F5NHS England] must decide whether or not to issue a compliance certificate, and give notice to the applicant of its decision, before the end of the period of 14 days beginning with the day after that on which the application is received.
Textual Amendments
F2Words in Sch. 11 para. 12(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(l); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in Sch. 11 para. 12(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(l); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in Sch. 11 para. 12(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(l); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in Sch. 11 para. 12(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(l); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1Sch. 11 para. 12 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
13(1)An appeal lies to the First-tier Tribunal against a decision of [F6NHS England] to refuse an application for a certificate of compliance.E+W
(2)The grounds for an appeal under this paragraph are that the decision was—
(a)based on an error of fact,
(b)wrong in law, or
(c)unfair or unreasonable.
(3)On an appeal under this paragraph, the Tribunal may confirm [F7NHS England’s] decision or direct that it is not to have effect.
Textual Amendments
F6Words in Sch. 11 para. 13(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(m); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7Words in Sch. 11 para. 13(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I2Sch. 11 para. 13 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)