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

4.2.2 InvestigationOnce Monitor has decided to start a formal investigation, we may use our powers under the Act togather information – see section 104 of the Act. These powers allow us to ask parties specified inthe Act (licence holders, provider licence applicants, providers who are exempt from requiring alicence, providers who should hold a provider licence, the NHS Commissioning Board and clinicalcommissioning groups) for any information, documents or other items Monitor considers arenecessary or expedient to have in order to perform our regulatory functions.Information includes information, documents or records kept by means of a computer. Monitoralso has the power to require the provision of the information, documents or records in legibleform. The Monitor provider licence will also require licence holders to provide Monitor with suchinformation as we consider necessary to fulfil our licensing functions, which can be used inaddition to or instead of the powers specified in section 104 of the Act.During the course of an investigation, Monitor may need to issue several information requests todetermine whether a provider has breached its obligations or for any other appropriate reason.Monitor will try to limit the burdens placed on parties to an investigation, as much as possible, andensure that our information gathering is focused and proportionate - in line with our obligationsunder section 68 of the Act.At any point during an investigation, Monitor may close a case without further action if, forexample, we consider that there is insufficient evidence of a breach or that a formal investigationshould no longer be prioritised. Where we consider it appropriate, we will also publish our reasonsfor making such decisions on our website.There is no specific time period within which Monitor must complete an investigation, and howlong an investigation lasts will vary depending on the complexity of the issue and how muchrelevant information is available. But when an investigation is opened, we will provide parties withour expected timescales and provide updates to the timescale as appropriate.4.2.3 Case updatesIn longer running cases, we intend to give the relevant parties regular updates about how theinvestigation is progressing, and when key decisions are likely to be taken.We intend to:keep the parties to the investigation informed about the expected timetable and anychanges; andPage 26 of 50