SCHEDULES

SCHEDULE 11E+WFurther provision about [F1NHS England’s] enforcement powers

PART 1E+WDiscretionary requirements

Non-compliance penaltiesE+W

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.

6(1)A person may appeal to the First-tier Tribunal against a decision of [F6NHS England] to impose a non-compliance penalty.E+W

(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 [F7NHS England].