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

AnnexMonitor’s powers of enforcement under the Health andSocial Care Act 20121. CompetitionFunctions under the Competition Act (section 72)Monitor and the Office of Fair Trading have concurrent functions under Part 1 of the CompetitionAct, relating to the provision of health care services in England where:a) agreements, decisions or concerted practices are anti-competitive (anti-competitivepractices); orb) there are abuses of a dominant position in a market (abuse of dominant position).These powers relate to the Competition Act and the TFEU.Functions under Part 4 of the Enterprise Act 2002 (section 73)Monitor and the Office of Fair Trading have concurrent functions under Part 4 of the EnterpriseAct 2002 (market investigations), relating to activities which concern the provision of health careservices in England.2. Licensing procedureLicence revocation (section 89)Monitor may revoke a provider’s licence on the application of the licensee, or if Monitor is satisfiedthat the licensee has failed to comply with a condition of its licence.Monitor must give notice to the licensee if we propose to revoke its licence. The notice must setout Monitor’s reasons for its proposal; and specify the period (not less than 28 days from the dateof receipt) within which representations about it may be made to Monitor.Right to make representations (section 90)Monitor must give notice to the licensee if we propose to revoke its licence. That notice must:a) set out Monitor’s reasons for our proposal; andb) specify the period (not less than 28 days beginning with the day after that on which thenotice is received), for representations to be made on it to Monitor.Page 45 of 50