Session 2010 - 11
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Notices of Amendments: 10 March 2011

279

Health and Social Care Bill, continued

removal of the designation or by a provider mentioned in subsection (2),

reconsider its decision to refuse the application.

(2)	The providers are—

(a)	the provider of the designated service,

(b)	any other provider of health care services who has sufficient interest in

the application.

(3)	For the purposes of the reconsideration, Monitor must—

(a)	where the commissioner made the complaint, consult the provider of the

designated service;

(b)	where the provider mentioned in subsection (2)(a) made the complaint,

consult the commissioner;

(c)	where a provider mentioned in subsection (2)(b) made the complaint,

consult the commissioner and the provider of the designated service.

(4)	Monitor may grant the application if, having regard to the matters in subsection

(4) of section 69, it is satisfied that the criterion in subsection (3) of that section

is no longer met.

(5)	If Monitor grants the application—

(a)	the service ceases to be designated, and

(b)	an appeal by the provider mentioned in subsection (2)(a) against the

decision to grant the application lies to the First-tier Tribunal.

(6)	If Monitor does not grant the application—

(a)	an appeal by the commissioner or the provider mentioned in subsection

(2)(a) against the decision not to grant the application lies to the First-tier

Tribunal, and

(b)	where the provider mentioned in subsection (2)(b) made the complaint,

an appeal by that provider against the decision also lies to the First-tier

Tribunal’.

Complaints: general provisions

Mr Simon Burns

NC14

To move the following Clause:—

‘(1)	This section applies in relation to a complaint under section (Complaint about

grant of application for designation), (Complaint about refusal of application for

designation), (Complaint about grant of application for removal of designation)

or (Complaint about refusal of application for removal of designation).

(2)	The complaint must be made before the end of the period of 28 days beginning

with the day on which notice of the decision to which the complaint relates was

received.

(3)	No individual involved in the decision to which the complaint relates may be

involved in the reconsideration of the decision.

(4)	Monitor must give notice of its decision on the reconsideration to—

(a)	the commissioner who applied for the designation of the service or (as the

case may be) for the removal of the designation,

(b)	the provider of the designated service, and

(c)	where, in a case within section (Complaint about grant of application for

designation) or (Complaint about refusal of application for removal of

designation), the person who makes the complaint is the provider

mentioned in subsection (2)(b) of that section, that provider.

Notices of Amendments: 10 March 2011

280

Health and Social Care Bill, continued

(5)	The grounds for an appeal against Monitor’s decision on the reconsideration are

that the decision was—

(a)	based on an error of fact,

(b)	wrong in law, or

(c)	unreasonable.

(6)	On the appeal, the First-tier Tribunal may confirm Monitor’s decision or direct

that it is not to have effect.’.

Mr Simon Burns

NS2

To move the following Schedule:—

SCHEDULE

Section (Requirements under section 63:

undertakings)

Requirements under section 63: undertakings

Procedure

1    (1)

Monitor must publish a procedure for entering into section (Requirements

under section 63: undertakings) undertakings.

(2)	Monitor may revise the procedure and, if it does so, Monitor must publish the

procedure as revised.

(3)	Monitor must consult such persons as it considers appropriate before

publishing or revising the procedure.

2    (1)

Where Monitor accepts a section (Requirements under section 63:

undertakings) undertaking, Monitor must publish the undertaking.

(2)	But Monitor must not under sub-paragraph (1) publish any part of a section

(Requirements under section 63: undertakings) undertaking which contains

commercial information the disclosure of which Monitor considers would or

might significantly harm the legitimate business interests of any person to

whom it relates.

Variation of terms

3	The terms of a section (Requirements under section 63: undertakings)

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 Monitor agree.

Compliance certificates

4    (1)

Where Monitor is satisfied that a section (Requirements under section 63:

undertakings) undertaking has been complied with, Monitor must issue a

certificate to that effect (referred to in this Schedule as a “compliance

certificate”).

(2)	A person who has given a (Requirements under section 63: undertakings)

undertaking may at any time make an application to Monitor for a compliance

certificate.

(3)	The application must be made in such form, and accompanied by such

information, as Monitor requires.

Notices of Amendments: 10 March 2011

281

Health and Social Care Bill, continued

(4)	Monitor 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.

5    (1)

An appeal lies to the First-tier Tribunal against a decision of Monitor to refuse

an application for a compliance certificate.

(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 Monitor’s

decision or direct that it is not to have effect.

Inaccurate, incomplete or misleading information

6	Where Monitor is satisfied that a person who has given a section

(Requirements under section 63: undertakings) undertaking has supplied

Monitor with inaccurate, misleading or incorrect information in relation to the

undertaking—

(a)	Monitor may treat the person as having failed to comply with the

undertaking, and

(b)	if Monitor decides so to treat the person, Monitor must by notice

revoke any certificate of compliance given to that person.’.

© Parliamentary copyright	Revised 11 March 2011