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

a) has provided, or is providing, an NHS health care service without either a licence or anexemption to hold a licence;b) is a provider licensee who is in breach of a licence condition; orc) is in breach of a requirement to provide information.Discretionary requirement means:a) a requirement to pay a monetary penalty to Monitor (a “variable monetary penalty”).The variable monetary penalty must not exceed 10% of the person’s turnover inEngland, such amount to be calculated in the manner set out in regulations by theDepartment of Health. If all or part of a variable monetary penalty is not paid by the timerequired, the unpaid balance carries interest at the rate specified in section 17 of theJudgments Act 1838; subject to the total interest not exceeding the amount of thepenalty;b) a requirement to take such steps, within such period, to secure that the breach inquestion does not continue or recur (a “compliance requirement”); orc) a requirement to take such steps, within such period, to secure that the position is, sofar as possible, restored to what it would have been if the breach in question was notoccurring or had not occurred (a “restoration requirement”).Monitor must not impose discretionary requirements on a person on more than one occasion inrelation to the same breach.Enforcement undertaking requirements (section 106)Monitor may accept an enforcement undertaking from a person if Monitor has reasonablegrounds to suspect that the person:a) has or is providing, an NHS health care service without either a licence or an exemptionto hold a licence:b) is a licensee who has or is providing, an NHS health care service in breach of a licencecondition; orc) is in breach of a requirement to provide information.An enforcement undertaking is that a specified action will be taken within a specified period. Theaction must be:a) to secure that the breach does not continue or recur;Page 47 of 50