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

the provider, and invite the parties to make any changes that we consider necessary. In decidingwhether to accept enforcement undertakings, Monitor will assess the proposed undertaking byreferring to the factors outlined in section 3.3 above.Accepting an enforcement undertaking Where Monitor has received a proposed enforcementundertaking that we think may represent an appropriate resolution of the matter we may seekviews on whether it is appropriate. When we choose to seek views, we will also give reasons whywe propose to accept the draft enforcement undertaking, referring to the factors outlined insection 3.3.Seeking views may range from formal and extensive public engagement to more informal, briefengagement with third parties. The decision on whether to seek views will be made on a case-bycasebasis. In deciding whether to seek views we will consider all relevant matters includingwhether it is in the interests of health care service users to take action quickly, for example wherethere is a concern about patient safety, as well as any benefits of wider engagement. We will alsoconsider the factors outlined in section 3.3.After seeking views, Monitor would then need to decide whether the proposed undertakingsshould be modified, accepted, or rejected.After an enforcement undertaking has been accepted Where Monitor accepts an enforcementundertaking, we are under a legal obligation to publish it. That means Monitor cannot accept anenforcement undertaking on the basis that any of the terms of the undertaking will be keptconfidential. We can only withhold from publication any part of an enforcement undertaking whichcontains information which is:commercial, information whose disclosure would or might significantly harm the legitimatebusiness interests of the affected party; orinformation about the private affairs of an individual, where disclosure would or mightsignificantly harm that person’s interests.The terms of an enforcement undertaking - including, in particular, the action it specifies and theperiod within which the action must be taken - may be varied if both Monitor and the provideragree.Where Monitor is satisfied that a provider has complied with an enforcement undertaking, wemust issue a certificate to that effect – this is called a compliance certificate. A provider who hasgiven an enforcement undertaking can apply to Monitor at any time for a compliance certificate,Page 28 of 50