(1) NHS England must publish a procedure for entering into enforcement undertakings. (2) NHS England may revise the procedure and if it does so, NHS England must publish the procedure as revised. (3) NHS England must consult such persons as it considers appropriate before publishing or revising the procedure.
(1) Where NHS England accepts an enforcement undertaking, NHS England must publish the undertaking. (2) But NHS 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.
The 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 NHS England agree.
(1) Where NHS England is satisfied that an enforcement undertaking has been complied with, NHS 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 NHS England for a compliance certificate. (3) The application must be made in such form, and accompanied by such information, as NHS England requires. (4) NHS 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.
(1) An appeal lies to the First-tier Tribunal against a decision of NHS 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 NHS England’s decision or direct that it is not to have effect.
Where NHS England is satisfied that a person who has given an enforcement undertaking has supplied NHS England with inaccurate, misleading or incomplete information in relation to the undertaking— (a) NHS England may treat the person as having failed to comply with the undertaking, and (b) if NHS England decides so to treat the person, NHS England must by notice revoke any compliance certificate given to that person.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).