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

Notice of Intent (section 90)Where Monitor proposes to revoke a licence, we must give notice to the provider setting out ourreasons for proposing to revoke the licence and the time that the licensee has to makerepresentations - see section 90 of the Act. Monitor may take such action only where we aresatisfied that a licence holder has failed to comply with a condition of its licence.Monitor must provide the licence holder with no less than 28 days from date of receipt, withinwhich representations may be made. Providers may, on request, also make oral representationsto relevant decision-makers (see chapter 5 below) within Monitor.Where Monitor is proposing this action, we may seek views on whether it is appropriate. When wechoose to seek views, we will also give reasons for our proposal, referring to the factors outlinedin 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 to take the proposed action orother action.Notice of Decision (section 91)Having considered the licence holder’s representations Monitor will issue a Notice of Decisionconfirming whether or not the provider’s licence has been revoked. Under section 91 of the Act,the Notice of Decision must explain the provider’s right of appeal (see chapter 6 below).A licence revocation can only have effect once the licensee’s right to appeal has ended or oncean appeal has been confirmed by the First-Tier Tribunal or the appeal has been abandoned – seesections 91 and 92 of the Act (see chapter 6 below).Although we are not required by the Act, we expect that Monitor will always publish final noticesunless the circumstances of the case mean that this would be inappropriate.The licensee can appeal against Monitor’s decision to revoke its licence. The process forappealing is explained in chapter 6.Page 35 of 50