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

c) the matters likely to be taken into account by Monitor in determining the amount of anyvariable monetary penalty to be imposed (including, where relevant, any discounts forvoluntary reporting); andd) rights to make representations and rights of appeal.Monitor must have regard to the guidance or revised guidance in imposing discretionaryrequirements and accepting enforcement undertakings.Publication of enforcement action (section 109)Monitor must include, in our annual report, information about:a) cases in which a discretionary requirement has been imposed during the financial year ofthe report (except if it was overturned on appeal); andb) cases in which an enforcement undertaking has been accepted during that financial year.But Monitor must not include information which we are satisfied is:a) commercial information where its disclosure might significantly harm the legitimatebusiness interests of the relevant provider; orb) information relating to the private affairs of an individual where its disclosure mightsignificantly harm that person’s interests.Notification of enforcement action (section 110)As soon as is practicable after imposing a discretionary requirement or accepting an enforcementundertaking, Monitor must notify:a) the NHS Commissioning Board;b) Clinical Commissioning Groups who are likely to be affected by the requirement orundertaking; andc) any person exercising regulatory functions in relation to the relevant provider.4. Imposition of licence conditions on NHS foundation trusts andremoving, suspending or disqualifying directors or governors of NHSfoundation trusts (section 111)Where Monitor is satisfied that the governance of an NHS foundation trust is such that thefoundation trust will fail to comply with the conditions of its licence, Monitor may include agovernance condition(s) in its licence that we consider is appropriate to reduce that risk.Page 49 of 50