A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...
A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ... A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...
the first two decision-making points (decision to investigate and provisional finding) and othermembers of the investigating team may participate in the discussions around making the finaldecision, but will not be members of the decision-making committee for the purpose of making thedecision. It is noted in this context that Monitor has processes in place for decision-makers todeclare where necessary any conflicts of interest.If a party offers an enforcement undertaking after a provisional finding, the decision-makingcommittee would take the decision as to whether that undertaking should be accepted.To ensure that parties have the opportunity to make representations directly to decision-makers,members of the decision-making committee would hear any oral representations made inresponse to a provisional finding.Page 41 of 50
6 Rights of appeal6.1 IntroductionThis chapter outlines the decisions that are appealable and the appeal processes as specified bylaw.6.2 Provider enforcementA provider may appeal a decision to impose a discretionary requirement, the imposition of a noncompliancepenalty or the refusal by Monitor to issue a certificate of compliance in relation to anenforcement undertaking to the First-tier Tribunal.The First-tier Tribunal is a specialist judicial body established under the Courts and EnforcementAct 2007. The main function of the First-tier Tribunal is to hear and decide appeals in specifiedareas of law (see http://www.justice.gov.uk/tribunals).Discretionary requirementsA provider has a right of appeal to the First-tier Tribunal against a decision to impose adiscretionary requirement. An appeal may be brought on one or more of the following grounds:• that the decision was based on an error of fact;• that the decision was wrong in law;• that the amount of a variable monetary penalty is unreasonable;• that the nature of a compliance requirement or restoration requirement is unreasonable; or• that the decision was unreasonable for any other reason.Once the provider has lodged an appeal, the discretionary requirement will be suspended untilthe appeal is determined.When the Tribunal reaches a decision on the appeal, it may take any of the following actions:• confirm, vary or withdraw the discretionary requirement;• take such steps as Monitor could take in relation to the breach; or• remit the decision whether to confirm the requirement, or any matter relating to thedecision, to Monitor.Page 42 of 50
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6 Rights of appeal6.1 IntroductionThis chapter outlines the decisions that are appealable and the appeal processes as specified bylaw.6.2 Provider enforcementA provider may appeal a decision to impose a discretionary requirement, the imposition of a noncompliancepenalty or the refusal by Monitor to issue a certificate of compliance in relation to anenforcement undertaking to the First-tier Tribunal.The First-tier Tribunal is a specialist judicial body established under the Courts and EnforcementAct 2007. The main function of the First-tier Tribunal is to hear and decide appeals in specifiedareas of law (see http://www.justice.gov.uk/tribunals).Discretionary requirementsA provider has a right of appeal to the First-tier Tribunal against a decision to impose adiscretionary requirement. An appeal may be brought on one or more of the following grounds:• that the decision was based on an error of fact;• that the decision was wrong in law;• that the amount of a variable monetary penalty is unreasonable;• that the nature of a compliance requirement or restoration requirement is unreasonable; or• that the decision was unreasonable for any other reason.Once the provider has lodged an appeal, the discretionary requirement will be suspended untilthe appeal is determined.When the Tribunal reaches a decision on the appeal, it may take any of the following actions:• confirm, vary or withdraw the discretionary requirement;• take such steps as Monitor could take in relation to the breach; or• remit the decision whether to confirm the requirement, or any matter relating to thedecision, to Monitor.Page 42 of 50
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