http://www.legislation.gov.uk/ukpga/2003/43/section/158Health and Social Care (Community Health and Standards) Act 2003An Act to amend the law about the National Health Service; to make provision about quality and standards in the provision of health and social care, including provision establishing the Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection; to amend the law about the recovery of NHS costs from persons making compensation payments; to provide for the replacement of the Welfare Food Schemes; to make provision about appointments to health and social care bodies; and for connected purposes.texttext/xmlenStatute Law Database2024-05-17Expert Participation2023-04-01Health and Social Care (Community Health and Standards) Act 2003s. 22(7)(i)The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 8) Order 2005art. 3(1)(2)Part 3Recovery of <Acronym Expansion="National Health Service">NHS</Acronym> charges<Emphasis>Review and appeal</Emphasis>Appeal tribunals1581The Secretary of State or the Scottish Ministers must refer to the First-tier Tribunal an appeal against—aa certificate, orba waiver decision.2In determining an appeal against a certificate, the tribunal must take into account any decision of a court relating to the same, or any similar, issue arising in connection with the injury in question.3On an appeal against a certificate, the tribunal may—aconfirm the amount or amounts specified in the certificate,bspecify any variations which are to be made on the issue of a fresh certificate under subsection (4), orcdeclare that the certificate is to be revoked.4When the Secretary of State or the Scottish Ministers (as the case may be) has or have received the decision of a tribunal on an appeal against a certificate, he or they must in accordance with that decision—aconfirm the certificate,bissue a fresh certificate, orcrevoke the certificate.5Subsections (5) and (6) of section 152 apply to certificates issued under subsection (4)(b) above as they apply to certificates issued under section 151.6On an appeal against a waiver decision, the tribunal may—aconfirm the decision, orbwaive the requirement in question.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S. 158 partly in force; s. 158 in force at Royal Assent for certain purposes, see s. 199(1)(4)S. 158 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(a)S. 158 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(a)Words in s. 158(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(a)Words in s. 158(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(b)S. 158(7) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 200(c)
