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

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

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

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In certain circumstances, Monitor may reduce the notice period to a minimum of five days. Thismay be the case, as specified in schedule 11, where:• Monitor is proposing a compliance requirement or restoration requirement; and• Monitor considers that a shorter notice period is necessary to prevent or minimise furtherbreaches.Final noticeUnder schedule 11 of the Act, after the end of the notice period, Monitor must decide whether toimpose the discretionary requirement, with or without modification, or impose any otherdiscretionary requirement.If, after issuing the Notice of Intent, Monitor has become aware of new information which theprovider should in fairness be given an opportunity to comment on before Monitor decideswhether to impose a discretionary requirement, Monitor will make arrangements for the providerto be given that opportunity.If the decision-makers - see chapter 5 - decide to impose a discretionary requirement Monitor willissue a further notice, known as a ‘final notice’. The final notice will contain the followinginformation:• the discretionary requirement which Monitor has decided to impose;• the effect of the discretionary requirement;• the reasons for imposing the requirement;• the consequences of failing to comply with the requirement; and• the right of appeal.Although we are not required by the Act to do so, we expect that Monitor will always publish finalnotices unless the circumstances of the case make this inappropriate. Where appropriate, we willconsider the need to obtain confirmation of factual accuracy prior to publication.If Monitor imposes a variable monetary penalty, the final notice, as specified in schedule 11 of theAct, will also contain the following information:Page 31 of 50

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