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Appeal to Appeal Panel

Central Provident Fund (Financial Penalties) Regulations 2016

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—(1) An approved provider that is aggrieved by the Board’s decision to impose a financial penalty, or by interest imposed under regulation 10, may lodge an appeal to the Appeal Panel —(a)in such form and manner as the Minister charged with the responsibility for health may require; and(b)within the appeal period.(2) An approved provider that has lodged an appeal under this regulation must provide such information, in such manner and within such period, as the Appeal Panel may require.(3) Where an appeal is made under this regulation against —(a)a decision by the Board to impose a financial penalty; or(b)interest imposed for late payment of a financial penalty,the requirement under these Regulations to pay the financial penalty or the interest (as the case may be) is suspended until the last of the following events that is applicable occurs:(c)the Appeal Panel determines the appeal;(d)the time specified or extended by the Board under paragraph (7) expires;(e)if the decision appealed against is referred to the Board under paragraph (5)(b) —(i)the Board notifies the approved provider of the Board’s decision on reconsideration in accordance with regulation 9(6)(a); or(ii)if the Board issues a further written notice in accordance with regulation 9(6)(c), the expiry of the period specified in the further written notice under regulation 9(4) or extended under regulation 9(5), as the case may be.(4) The Appeal Panel must determine an appeal under this regulation as soon as reasonably practicable, having regard to the nature and complexity of the appeal.(5) The Appeal Panel may —(a)confirm or reverse the decision appealed against;(b)refer any decision appealed against to the Board for reconsideration;(c)decide that the approved provider contravened a different sub‑paragraph of regulation 3(2), and substitute the financial penalty for that other contravention with an amount that is not more than the amount of the financial penalty appealed against; or(d)waive (in whole or in part) the payment of the financial penalty, or interest, appealed against, as the case may be.(6) The Appeal Panel must notify the approved provider of its decision in respect of the appeal and the reasons for its decision as soon as practicable after determining the appeal.(7) If the Appeal Panel confirms a decision appealed against under paragraph (5)(a), makes a substitution of a financial penalty under paragraph (5)(c), or waives the payment of part of the financial penalty or interest under paragraph (5)(d), the Board may specify or extend the time for the payment of the financial penalty or interest, as the case may be.(8) In this regulation, the “appeal period” —(a)for an appeal against the imposition of a financial penalty, is the period specified for the payment of the financial penalty under regulation 9(4) or extended under regulation 9(5) (as the case may be) or such further period as the Minister charged with the responsibility for health may permit for a particular appeal;(b)for an appeal against the imposition of interest for late payment of a financial penalty, is the period of 30 days after the date of a notice sent by the Board to notify the approved provider of the amount of interest payable, or such further period as the Minister charged with the responsibility for health may permit for a particular appeal.

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