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

action to ensure that the breach does not continue or recur;action to ensure that the position is, so far as possible, restored to what it would havebeen, absent the breach;action, including the payment of a sum of money, to benefit any other licensee affected bythe breach, any provider of NHS health care services affected by the breach, or anycommissioner of NHS health care services affected by the breach; oraction of such a description as may be prescribed.The Act requires us to include in our guidance information about how we intend to exercise ourpowers to accept enforcement undertakings - see Chapters 3 and 4.Revoking a provider’s licenceMonitor may also revoke a provider’s licence if we are satisfied that the provider has failed tocomply with a licence condition, as set out in section 89 of the Act.Powers to impose additional licence conditions on NHS foundation trustsMonitor has additional specific powers to take action where the governance of an NHS foundationtrust is such that it is failing, or will fail, to comply with one or more of the conditions in its licence.There are two parts to these powers:I. where Monitor is satisfied that an NHS foundation trust’s directors and/or governors arefailing to (a) secure compliance with conditions in the foundation trust’s licence, or (b) takesteps to reduce the risk of a breach of a condition in the foundation trust’s licence undersection 111 of the Act, Monitor may include in the licence such conditions relating togovernance as Monitor considers appropriate; andII. where Monitor is satisfied that the NHS foundation trust has breached, or is breaching, anadditional licence condition that was included under section 111 of the Act, we may use ourpowers to require the foundation trust to remove, suspend or disqualify one or more of thefoundation trust’s directors and/or governors or, if the foundation trust does not do so,Monitor may make such changes.Page 10 of 50