SCHEDULES

SCHEDULE 11Further provision about F1NHS England’s enforcement powers

Annotations:
Amendments (Textual)

PART 2Enforcement undertakings

Compliance certificates

I112

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”).

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.

I213

1

An appeal lies to the First-tier Tribunal against a decision of F6NHS England to refuse an application for a certificate of compliance.

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.