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

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including in the application evidence to demonstrate that the provider has satisfactorily met thecompliance requirement, and other relevant information to be required and specified by Monitor.Monitor must decide whether or not to issue a compliance certificate, and give notice to theapplicant of the decision within 14 days after the day on which we receive the application. Thereis a right of appeal from a decision to refuse this application.If at any point Monitor considers that a provider who has given an enforcement undertaking hassupplied inaccurate, misleading or incomplete information in relation to the undertaking then wemay treat the provider as having failed to comply with the undertaking. In that case, after givingnotice, Monitor may revoke any compliance certificate given to that provider.Table 4.1 summarises the process for entering into enforcement undertakings1 Monitor informs the provider in writing that we have launched formal enforcement action inrelation to a suspected breach.2 If it wishes, the provider contacts the case team to discuss the possibility of undertakingsand following this it writes to Monitor with an outline of a proposed enforcementundertaking. The provider may also write to Monitor with an outline of a proposedundertaking after an invitation from Monitor to do so.3 Monitor responds to the provider indicating, if necessary, whether the matter is suitable foran enforcement undertaking and the terms and timescales on which discussions mightproceed.4 Discussions on an enforcement undertaking may proceed based on the provider’s offer at2 above and/or alternative suggestions made by Monitor.5 If provisional agreement is reached, Monitor may seek views as set out above if itconsiders this appropriate.6 Following consideration of views if sought Monitor either:accepts the enforcement undertaking – with any necessary and agreedmodifications – and closes our investigation; orrejects the proposed undertakings and continues our investigation.7 Monitor will publish the agreed enforcement undertaking.Page 29 of 50
4.2.5 Discretionary requirementsNotice of IntentUnder schedule 11 of the Act, if Monitor intends to impose a discretionary requirement on aprovider we must issue the provider with a ‘Notice of Intent’ containing the following information:• the proposal to impose a discretionary requirement;• the effect of the discretionary requirement;• the grounds for making the proposal - a statement of the evidence and reasoning behindthe proposal as well as our preliminary conclusion;• an explanation of the effect of section 106 of the Act (enforcement undertakings),including whether we have considered an enforcement undertaking, or may beconsidering them;• the circumstances (if any) in which Monitor may not impose the requirement; and• the period for making representations (‘notice period’).Where Monitor is considering imposing discretionary requirements, we may seek views onwhether they are appropriate. When we choose to seek views, we will also give reasons for ourproposals, referring to the factors outlined in section 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 requirementsshould be imposed and in the original or modified form.Making representations to MonitorUnder schedule 11 of the Act, on receiving a Notice of Intent, the relevant parties will be invited tosubmit representations to Monitor in writing and in person within a specified period, known as the‘notice period’ of at least 28 days from the day after the Notice of Intent was received.On request, providers may also make oral representations to the relevant decision-makers withinMonitor.Page 30 of 50
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A meeting of the Board of Directors
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THE ROYAL BOURNEMOUTH AND CHRISTCHU
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Quality Impact Assessments 2013/14T
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Board of Directors Part 114th June
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Board of DirectorsJune 2013Financia
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Board of Directors Business Program
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