SCHEDULES

SCHEDULE 11Further provision about F1NHS England’s enforcement powers

Annotations:
Amendments (Textual)

PART 1Discretionary requirements

Non-compliance penalties

I16

1

A person may appeal to the First-tier Tribunal against a decision of F2NHS England to impose a non-compliance penalty.

2

The grounds for such an appeal are—

a

that the decision was based on an error of fact,

b

that the decision was wrong in law, or

c

that the decision was, or the amount of the penalty is, unfair or unreasonable.

3

The non-compliance penalty is suspended pending determination of the appeal.

4

On an appeal, the Tribunal may—

a

confirm, vary or withdraw the non-compliance penalty, or

b

remit the decision whether to confirm the penalty, or any matter relating to that decision, to F3NHS England.