New Schedule 2

Part of Health and Social Care Bill – in a Public Bill Committee at 4:00 pm on 31 March 2011.

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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 section (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.

(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.