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

provide regular case updates to parties, for example, each month, by telephone or inwriting.We will also offer providers under investigation the opportunity to meet representatives of thecase team at appropriate intervals, for example every four to six months to ensure that partieshave the opportunity to raise points directly with us and to discuss the progress of aninvestigation.4.2.4 Entering into enforcement undertakingsThis section sets out our proposed procedure for entering into enforcement undertakings, whichwe are required to publish in accordance with schedule 11 of the Act.Where Monitor considers it appropriate we may discuss with the provider the possibility ofaccepting an enforcement undertaking. A provider may offer an enforcement undertaking at anypoint during the course of an investigation, up until a final decision is made as to whether theprovider has acted in breach and as to any discretionary requirement, although the closer aninvestigation is to its conclusion, the smaller the resource saving to be made by acceptingundertakings - see section 3.5.Offering an enforcement undertaking Where a provider wishes to offer an enforcementundertaking, it should first discuss this with the case team. If after this it wishes to do so, it shouldwrite to the case team setting out the commitments it is offering, any timescales for implementingthe commitments and their anticipated impact. If Monitor thinks that an enforcement undertakingmay be an appropriate way to resolve a matter, we may invite a provider to consider making anoffer of an enforcement undertaking. When a provider makes such an offer, Monitor expects thatwe will normally respond by telling the provider that we either:do not consider it appropriate to enter into discussions about undertakings at that time andintend to continue the formal investigation; orconsider it appropriate to enter into discussions about undertakings.In some circumstances, Monitor is likely to wish to continue with an investigation until we can besatisfied that an enforcement undertaking may or may not be an appropriate way forward. In mostcircumstances, Monitor will tell the provider when we expect to be in a position to respond to anoffer of an enforcement undertaking.When undertakings have been offered and Monitor considers they may be an appropriate way toresolve the matter; we are likely to discuss the form and content of the undertaking offered withPage 27 of 50