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

4.4 Procedures for imposing additional licence conditions on NHSfoundation trusts and removing, suspending or disqualifying directors orgovernors of NHS foundation trustsWe intend that the following parts of this proposed guidance apply to Monitor’s actions undersection 111 of the Act:Chapter 2 - deciding whether a matter is a priority;Chapter 4, section 4.2 - case initiation, investigation and case updates; andChapter 5 - decision making.As outlined in section 1.2, there are two parts to Monitor’s powers under section 111:I. where Monitor is satisfied that an NHS foundation trust’s directors and/or governors arefailing to (a) secure compliance with conditions in the foundation trust’s licence, or (b) takesteps to reduce the risk of a breach of a condition in the foundation trust’s licence undersection 111 of the Act, Monitor may include in the licence such conditions relating togovernance as Monitor considers appropriate; andII. where Monitor is satisfied that the NHS foundation trust has breached or is breaching anadditional licence condition that was included under section 111 of the Act, we may use ourpowers to require the foundation trust to remove, suspend or disqualify one or more of thefoundation trust’s directors and/or governors or, if the foundation trust does not do so,Monitor may make such changes.A separate process must be followed to exercise the second power. The process that Monitorproposes to follow is set out below.Case initiation, investigation, case updateWe propose that the processes relevant to section 111 actions will be as we set out in sections4.2.1, 4.2.2, and 4.2.3.Notice of Intent (section 111)If Monitor is minded to impose an additional licence condition on a foundation trust, Monitor willissue a notice to the foundation trust informing it of:• the proposal to impose additional licence conditions;• the anticipated effect of the additional licence conditions;Page 36 of 50