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

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

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4.3 Procedures for licence revocationAs outlined in section <strong>1.</strong>2, Monitor may revoke a provider’s licence if we are satisfied that theprovider has failed to comply with a licence condition – see section 89 of the Act. In making thedecision that a provider has failed to comply with its licence condition, we intend the followingparts of this proposed guidance to apply:Chapter 2 - deciding whether a matter is a priority;Chapter 4, section 4.2 - case initiation, investigation and case updates;Chapter 5 - decision making; andChapter 6 - appeals.Monitor expects that we would consider revoking a provider’s licence only rarely, as to do sowould prevent a provider from continuing to provide NHS health care services where it is obligedto hold a licence. If Monitor considers it appropriate to do so, we will consider revoking aprovider’s licence.In considering whether to revoke a licence, Monitor’s aim will be to fulfil Monitor’s main duty toprotect and promote the interests of people who use health care services by promoting theprovision of health care services which is economic, efficient and effective, and maintains orimproves the quality of the services. We intend to consider, amongst any other relevant factors,the following factors as set out in section 3.3 above, that is:the seriousness of the breach;ensuring provider compliance;deterring similar breaches; andthe proportionality of the remedy to the nature of the breach.Monitor considers that it would normally only be appropriate to revoke a licence if we are satisfiedthat the objectives could not be met through the imposition of discretionary requirements (or theacceptance of enforcement undertakings).Case initiation, investigation, case updateWe propose that the processes relevant to licence revocation will be as we set out in sections4.2.1, 4.2.2, and 4.2.3.Page 34 of 50

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