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

BOARD OF DIRECTORSMeeting Date and Part: 14 June 2013 Part 1Subject:Section:Executive with OverallResponsibilityAuthor of Paper:Details of previousdiscussion and/ordissemination:Key Purpose:Action required by BoD:Monitor’s Enforcement GuidanceDiscussionTony Spotswood, Chief ExecutiveKaren Flaherty, Trust SecretaryN/APatient Safety Health & Safety Performance StrategyXFor informationExecutive Summary:This guidance describes the enforcement powers that Monitor has under the National HealthService Act 2006 in relation to the licensing of providers and also its powers in relation tocompetition law.The powers in relation to licensing include informal action, providers giving enforcementundertakings, imposing discretionary requirements (including monetary penalties up to 10% ofthe provider’s turnover in England), imposing new licence conditions, requiring a trust to remove,suspend or disqualify directors and/or governors and revoking a provider’s licence. Thesepowers may be exercised by Monitor where it finds that a provider is breaching, or hasbreached, one or more of its licence conditions or an enforcement undertaking, or has not met arequirement to hold a licence, or has failed to provide Monitor with information it requires or, inthe case of enforcement undertakings, it has reasonable grounds to suspect that a provider hasdone these things. In relation to compeition law, Monitor’s powers include giving directions tobring an infringement to an end and imposing financial penalties and these powers are heldconcurrently with the Office of Fair Trading.The guidance also sets out how Monitor will prioritise its enforcement action.Strategic Goals & Objectives:AllLinks to CQC Registration:(Outcome reference)Links to AssuranceFramework/Key Risks:Type of Assurance: Internal External