Health and Social Care Act 2012

Compliance certificatesE+W

12(1)Where [F1NHS England] is satisfied that an enforcement undertaking has been complied with, [F1NHS 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 [F2NHS England] for a compliance certificate.

(3)The application must be made in such form, and accompanied by such information, as [F3NHS England] requires.

(4)[F4NHS 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

I1Sch. 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 [F5NHS 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 [F6NHS England’s] decision or direct that it is not to have effect.

Textual Amendments

Commencement Information

I2Sch. 11 para. 13 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)