Health and Social Care Act 2012

PART 2E+WEnforcement undertakings

ProcedureE+W

9(1)[F1NHS England] must publish a procedure for entering into enforcement undertakings.E+W

(2)[F2NHS England] may revise the procedure and if it does so, [F2NHS England] must publish the procedure as revised.

(3)[F3NHS England] must consult such persons as it considers appropriate before publishing or revising the procedure.

Textual Amendments

Commencement Information

I1Sch. 11 para. 9 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)

10(1)Where [F4NHS England] accepts an enforcement undertaking, [F4NHS England] must publish the undertaking.E+W

(2)But [F5NHS England] must not under sub-paragraph (1) publish any part of an enforcement undertaking which contains information which it is satisfied is—

(a)commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;

(b)information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.

Textual Amendments

Commencement Information

I2Sch. 11 para. 10 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)

Variation of termsE+W

11E+WThe terms of an enforcement undertaking (including, in particular, the action specified under it and the period so specified within which the action must be taken) may be varied if both the person giving the undertaking and [F6NHS England] agree.

Textual Amendments

Commencement Information

I3Sch. 11 para. 11 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)

Compliance certificatesE+W

12(1)Where [F7NHS England] is satisfied that an enforcement undertaking has been complied with, [F7NHS 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 [F8NHS England] for a compliance certificate.

(3)The application must be made in such form, and accompanied by such information, as [F9NHS England] requires.

(4)[F10NHS 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

Commencement Information

I4Sch. 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 [F11NHS 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 [F12NHS England’s] decision or direct that it is not to have effect.

Textual Amendments

Commencement Information

I5Sch. 11 para. 13 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)

Inaccurate, incomplete or misleading informationE+W

14E+WWhere [F13NHS England] is satisfied that a person who has given an enforcement undertaking has supplied [F13NHS England] with inaccurate, misleading or incomplete information in relation to the undertaking—

(a)[F13NHS England] may treat the person as having failed to comply with the undertaking, and

(b)if [F13NHS England] decides so to treat the person, [F13NHS England] must by notice revoke any compliance certificate given to that person.

Textual Amendments

Commencement Information

I6Sch. 11 para. 14 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)