Commentary on Sections of the Act Part 2 – Additional Learning Needs Appeals and applications to the Tribunal Section 76 – NHS Bodies: evidence and Tribunal recommendations
165.Section 76 provides that the Tribunal may exercise its functions to: require an NHS body to give evidence about the exercise of the body’s functions; and make recommendations to an NHS body about the exercise of the body’s functions, in both cases in relation to an appeal under Part 2. It also requires the NHS body to which a recommendation has been made, to report to the Tribunal, within any period prescribed in regulations, on either: the actions it has taken or proposes to take in response to the recommendation; or if it has not and does not intend to take any action, why that is.
166.‘NHS body’ is defined in section 99(1) as a Local Health Board or an NHS trust (see also the power in section 99(8)).