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

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