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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 ...

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Notice of decisions (section 91)If Monitor decides to revoke a licence, we must give notice of our decision to the licensee. Thenotice must explain the right of appeal against that decision.The decision will take effect when we specify, subject to not being a day earlier than:a) the day on which a decision on appeal (if made) is confirmed or the appeal is abandoned;b) the day on which Monitor receives notification that the licensee does not intend to appeal(before the end of the period for bringing an appeal); orc) the day after the period for bringing an appeal.Appeals to the Tribunal (section 92)An appeal may be made to the First-tier Tribunal against Monitor’s decision to revoke a licence.The grounds for an appeal are that the decision was:a) based on an error of fact;b) wrong in law; orc) unreasonable.On hearing the appeal, the First-tier Tribunal may:a) confirm Monitor’s decision;b) direct that the decision is not to have effect; orc) remit the decision to Monitor.3. EnforcementInformation provision (section 104)Monitor may require a person (any provider of NHS health care services in England whetherlicensed or not, the NHS Commissioning Board and a Clinical Commissioning Group) to provideus with any information, documents, records or other items which we consider is necessary orexpedient for our functions. This includes information, documents or records kept by means of acomputer and Monitor has the power to require the provision of the information, documents orrecords in legible form.Discretionary requirements (section 105)Monitor may impose one or more discretionary requirements on a person if Monitor is satisfiedthat the person:Page 46 of 50

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