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

) to secure that the position is, so far as possible, restored to what it would have been ifthe breach was not occurring or had not occurred;c) action (including the payment of a sum of money) to benefit:(i)any other licence holder affected by the breach;(ii) any commissioner of NHS health care services which is affected by the breach; ord) action of such a description as may be allowed in regulations to be made by theDepartment of Health.Where Monitor accepts an enforcement undertaking, unless the person has failed to comply withthe undertaking or any part of it:a) Monitor may not impose any discretionary requirement which we would otherwise havepower to impose in respect of the breach; andb) Monitor may not revoke that person’s licence if the breach is a breach of a licencecondition.Where the person has complied with only part of an enforcement undertaking, Monitor must takethe partial compliance into account in deciding whether:a) to impose a discretionary requirement on the person; orb) to revoke the person’s licence, if the breach is a breach of a licence condition.Further provision about enforcement powers (section 107)Monitor must follow schedule 11 provisions about procedures for discretionary requirements andenforcement undertakings.Guidance on use of enforcement powers (section 108)Monitor must publish guidance about how we intend to impose discretionary requirements, acceptenforcement undertakings and the procedures we will follow to do so. Monitor may revise theguidance. Monitor must consult persons we consider appropriate before publishing or revising theguidance.The guidance, in regard to discretionary requirements, must include information about:a) the circumstances in which Monitor is likely to impose a discretionary requirement;b) the circumstances in which Monitor may not impose a discretionary requirement;Page 48 of 50