Part 2: Health and Adult Social Care Information Section 100: Enforcement of duties against private providers
This section inserts into Part 9 of the 2012 Act a new Chapter 4 containing section 277E which concerns provision in relation to enforcement and section 277F which concerns directions to a Special Health Authority to exercise the enforcement functions under regulations made under section 277E.
	Section 277E(1) provides a power for regulations to enable the Secretary of State to impose a financial penalty on various persons. Those persons are a person other than a public body who, without reasonable excuse: fails to comply with an information standard unless the relevant requirement has been waived (subsection (1)(a)); fails to comply with a requirement to provide information imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa), or 277A(1); or provides false or misleading information (subsection (1)(c)).
	Subsection (2) states that the amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
	Subsection (3) requires the regulations to include provision requiring the Secretary of State to give a person written notice of intention to impose a financial penalty before it is imposed; ensuring a person is given an opportunity to make representations; requiring the Secretary of State, following representations, to decide whether to impose the financial penalty and to give a final notice in writing imposing the penalty; enabling a person to appeal to the First-tier Tribunal; and setting out the powers of the Tribunal on such an appeal.
	Subsection (4) states that the regulations may include provision: enabling amendment or withdrawal of a notice of intent or final notice; requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations; for a financial penalty to be increased if paid late; and for recovery of financial penalties in the county court.
	Subsection (5) sets out the definition of "public body".
	Section 277F enables the Secretary of State to direct a Special Health Authority performing functions only or mainly in respect of England to exercise the enforcement functions under regulations under section 277E and to give directions to the Special Health Authority about the exercise of those functions.