Sch 11 para 6
(1) A person may appeal to the First-tier Tribunal against a decision of NHS England to impose a non-compliance penalty. (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 NHS England .