40. (1) The Regulator may give a notice of non-compliance to an AHB—

(a) where no appeal is brought under Part 7, on the expiration of the period specified in section 39(8) for bringing an appeal, or

(b) where an appeal is brought under Part 7 and the notice under section 39(6)(b) is confirmed on appeal, or the appeal is withdrawn, abandoned or otherwise not proceeded with, as the case may be.

(2) The Regulator shall, as soon as practicable after a notice of non-compliance is given to an AHB under section 39(4) or subsection (1), as the case may be, enter on the register the particulars of the notice of non-compliance, including the details (in summary form) of the approved standard in respect of which the notice was given.

(3) An AHB to whom a notice of non-compliance is given under section 39(4) or subsection (1), as the case may be, may submit a compliance plan to the Regulator, in the form and manner specified in section 39(1), setting out the measures taken or proposed to be taken by the AHB to rectify the failure to which the notice relates.

(4) The Regulator may, by notice given to the AHB—

(a) approve, or

(b) reject, setting out its reasons,

a compliance plan submitted to it under subsection (3).

(5) Where an AHB is given a notice under subsection (4)(b), the AHB may appeal the notice to the Appeals Panel under Part 7 not later than 21 days from the date of the notice.

(6) The Regulator, as soon as practicable after a compliance plan, submitted to it under subsection (3) following the giving of a notice of non-compliance under section 39(4) or subsection (1), as the case may be, has been approved under subsection (4)(a), shall—

(a) make an entry on the register that the plan has been so approved, including the details (in summary form) of the measures taken or proposed to be taken by the AHB pursuant to the plan, and

(b) remove the entry made on the register under subsection (2).