A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...

3.5 Enforcement undertakingsA provider may offer an enforcement undertaking during the course of a formal investigation.Monitor may accept the undertaking if we have reasonable grounds to suspect that the provideris, or was, in breach of a licence condition, the requirement to hold a licence, or a requirement tosupply Monitor with information. An enforcement undertaking may include a commitment to takesteps to secure that the breach in question does not continue or recur. A provider may alsoundertake to restore the position to what it would have been had the breach in question notoccurred, or action (including the payment of a sum of money) to benefit any other licence holderor commissioner affected by the breach.The decision whether to accept an enforcement undertaking, rather than to continue aninvestigation and potentially impose discretionary requirements, is at Monitor’s discretion and willdepend on the circumstances. In considering an enforcement undertaking offered by a provider,Monitor intends to take into account the factors outlined in section 3.3 above.Agreed enforcement undertakings may be less burdensome on the provider than thediscretionary requirements which Monitor would otherwise have imposed. This is in recognition of:the cooperation demonstrated by that provider; andthe fact that Monitor is then able to devote resources to other matters on the basis thatMonitor can stop pursuing an investigation or parts of an investigation.We intend to maintain a register of enforcement undertakings. We are likely to require providersthat have given undertakings report on compliance. Any reporting commitments will be agreed aspart of the agreement of the enforcement undertaking as a whole.If the relevant provider complies with the enforcement undertaking, Monitor cannot take furtheraction in relation to the relevant breach or suspected breach. For example, having acceptedundertakings which are then complied with, Monitor cannot seek to impose additionaldiscretionary requirements or to revoke the provider’s licence in relation to the same breach.Failing, or partially failing, to comply with an enforcement undertaking accepted by Monitor mayresult in the imposition of a discretionary requirement.Page 24 of 50