Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what criteria the NHS Business Services Authority applies when determining whether a person has acted wrongfully or with any lack of care for the purposes of Regulation 2(3)(g)(ii) of the National Health Service (Penalty Charge) Regulations 1999, and how it ensures that those criteria are applied consistently.

The NHS Business Services Authority considers the evidence in each case on its own merits, and cancels a penalty charge, under the provisions of Regulation 2(3)(g)(ii) of the National Health Service (Penalty Charge) Regulations 1999, where it is satisfied that the regulation applies.