CHAPTER 4Enforcement

277EEnforcement of provisions under this Part

1

Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—

a

fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));

b

fails to comply with a requirement to provide information imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa) or 277A(1);

c

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

The regulations 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 the First-tier Tribunal in accordance with the regulations;

f

as to the powers of the Tribunal on such an appeal.

4

The provision that may be made by the regulations 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enabling a notice of intent or final notice to be withdrawn or amended;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

for the recovery of financial penalties in the county court.

5

In this section “public body” has the meaning given by section 250(7).

277FDirections to Special Health Authority to exercise functions under section 277E

The Secretary of State may—

a

direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section 277E;

b

give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).

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regulations under section 277E (regulations about enforcement);