s 109 Publication of enforcement action
(1) NHS England must include information about the following in its annual report— (a) the cases in which a discretionary requirement has been imposed during the financial year to which the report relates, and (b) the cases in which an enforcement undertaking has been accepted during that financial year. (2) But NHS England must not include 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. (3) The reference in subsection (1)(a) to cases in which a discretionary requirement has been imposed does not include a reference to a case where a discretionary requirement has been imposed but overturned on appeal.