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

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• any incidental or consequential modifications which may be necessary or expedient toother licence conditions in consequence of the additional licence conditions;• the grounds for making the proposal; and• the period for making representations (‘notice period’).Monitor would follow the same procedure in the event that we were minded to vary any suchlicence condition.Where Monitor is proposing such action, we may seek views on whether it is appropriate. Whenwe choose to seek views, we will also give reasons for our proposals, referring to the factorsoutlined 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 condition shouldbe modified, retained or not included.If Monitor is satisfied that a foundation trust has not complied with additional licence conditionsand Monitor is minded to require a foundation trust to remove, suspend or disqualify one or moreof its directors and/or governors, we will issue a notice to the foundation trust informing it of:• the proposal to require the foundation trust to remove, suspend or disqualify one or moreof its directors and/or governors;• the grounds for making the proposal; and• the period for making representations (‘notice period’).Page 37 of 50
Final notice (section 111)At the end of the notice period, if Monitor has not changed its view following the foundation trust’srepresentations, Monitor would issue a final notice.If the decision-makers - see chapter 5 - decide to impose an additional licence condition, Monitorwill issue a further notice, known as a ‘final notice of additional licence conditions’. This notice willcontain the following information:• the licence conditions which Monitor has decided to impose; any incidental orconsequential modifications which must be made to other licence conditions;• the anticipated effect of the additional licence conditions;• the reasons for imposing the additional licence conditions; and• the consequences of failing to comply with them.Monitor would follow the same procedure in the event that we decided to vary any such licencecondition.If the decision-makers - see chapter 5 - decide to impose governance changes, Monitor will issuea further notice, known as a ‘final notice of governance changes’. It will contain the followinginformation:• the requirements of the foundation trust to remove, suspend or disqualify one or more ofits directors and/or governors and appoint interim governors or directors;• the reasons for imposing them; and• the consequences of failing to comply with them.Although we are not required to do so, we expect that Monitor will always publish final noticesunless the circumstances of the case mean that this would be inappropriate.Should the foundation trust not comply with this notice, Monitor will, if it considers appropriate,itself implement one or more of the requirements set out in the notice.4.5 Procedures for investigations under competition lawWhere Monitor suspects anti-competitive behaviour in the health care sector in England, we maydecide to use our powers under the provider licence, or apply the prohibitions on anti-competitiveagreements and abuse of a dominant position set out in the Competition Act and Articles 101 and102 of the Treaty on the functioning of the European Union.Page 38 of 50
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Board of Directors Business Program
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A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...

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