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)
5(1)If a person fails to comply with a compliance requirement or a restoration requirement [F2NHS England] may impose a monetary penalty on that person of such amount as [F2NHS England] may determine (a “non-compliance penalty”).E+W
(2)Where [F3NHS England] proposes to impose a non-compliance penalty on a person [F3NHS England] must give notice to that person (a “non-compliance notice”).
(3)A non-compliance notice must—
(a)specify the amount of the non-compliance penalty,
(b)set out the grounds for imposing the penalty,
(c)state how payment of the penalty may be made,
(d)state the period (“the payment period”) within which payment must be made,
(e)state any discount applicable for early payment of the penalty,
(f)set out the consequences of a failure to pay within the payment period (including any increase in the amount payable), and
(g)explain the right of appeal conferred by paragraph 6.
(4)The payment period must be not less than 28 days beginning with the day after that on which the non-compliance notice is received.
(5)If the whole or any part of a non-compliance penalty is not paid by the time it is required to be paid [F4NHS England] may increase the amount payable by no more than 50% of the amount of the penalty.
(6)[F5NHS England] may by notice to a person on whom a non-compliance penalty has been imposed reduce the amount of the penalty or extend the payment period.
Textual Amendments
F2Words in Sch. 11 para. 5(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in Sch. 11 para. 5(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in Sch. 11 para. 5(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in Sch. 11 para. 5(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(3)(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1Sch. 11 para. 5 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)