Part 1 Discretionary Requirements
Health and Social Care Act 2012 (2012 c 7) | Legislation

SCHEDULE 11 Further Provision about [NHS England's] Enforcement Powers

Section 107

Part 1 Discretionary Requirements

Procedure

1

(1)     Where [NHS England] proposes to impose a discretionary requirement on a person, [NHS England] must give notice to that person (a “notice of intentâ€).

(2)     A notice of intent must—

(a)     state that [NHS England] proposes to impose the discretionary requirement and set out its effect,

(b)     set out the grounds for the proposal to impose the requirement,

(c)     explain the effect of section 106 (enforcement undertakings),

(d)     set out the circumstances (if any) in which [NHS England] may not impose the requirement, and

(e)     specify the period (“the notice periodâ€) within which representations with respect to the proposal may be made to [NHS England].

(3)     The notice period must be not less than 28 days beginning with the day after that on which the notice of intent is received.

(4)     But where [NHS England]—

(a)     proposes to impose a compliance requirement or restoration requirement, and

(b)     considers that a shorter notice period is necessary to prevent or minimise further breaches of the kind referred to in section 105(1),

the notice period is to be such shorter

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