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 ... A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...
a) has provided, or is providing, an NHS health care service without either a licence or anexemption to hold a licence;b) is a provider licensee who is in breach of a licence condition; orc) is in breach of a requirement to provide information.Discretionary requirement means:a) a requirement to pay a monetary penalty to Monitor (a “variable monetary penalty”).The variable monetary penalty must not exceed 10% of the person’s turnover inEngland, such amount to be calculated in the manner set out in regulations by theDepartment of Health. If all or part of a variable monetary penalty is not paid by the timerequired, the unpaid balance carries interest at the rate specified in section 17 of theJudgments Act 1838; subject to the total interest not exceeding the amount of thepenalty;b) a requirement to take such steps, within such period, to secure that the breach inquestion does not continue or recur (a “compliance requirement”); orc) a requirement to take such steps, within such period, to secure that the position is, sofar as possible, restored to what it would have been if the breach in question was notoccurring or had not occurred (a “restoration requirement”).Monitor must not impose discretionary requirements on a person on more than one occasion inrelation to the same breach.Enforcement undertaking requirements (section 106)Monitor may accept an enforcement undertaking from a person if Monitor has reasonablegrounds to suspect that the person:a) has or is providing, an NHS health care service without either a licence or an exemptionto hold a licence:b) is a licensee who has or is providing, an NHS health care service in breach of a licencecondition; orc) is in breach of a requirement to provide information.An enforcement undertaking is that a specified action will be taken within a specified period. Theaction must be:a) to secure that the breach does not continue or recur;Page 47 of 50
) 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
- Page 78 and 79: Board of Directors Part 114 June 20
- Page 80 and 81: Board of Directors Part 114 June 20
- Page 82 and 83: EnforcementGuidance28 March 2013Mon
- Page 84 and 85: ForewordThe Health and Social Care
- Page 86 and 87: 1 IntroductionThe Health and Social
- Page 88 and 89: Table 1.1 Monitor’s enforcement p
- Page 90 and 91: Licence enforcementDiscretionary re
- Page 92 and 93: Competition lawMonitor has concurre
- Page 94 and 95: 2 PrioritisationThis chapter sets o
- Page 96 and 97: We also recognise that the actions
- Page 98 and 99: 3 Imposing discretionary requiremen
- Page 100 and 101: SeriousnessMonitor will take into a
- Page 102 and 103: Deterring similar breaches by other
- Page 104 and 105: An important objective of imposing
- Page 106 and 107: 4 Enforcement - case procedures4.1
- Page 108 and 109: provide regular case updates to par
- Page 110 and 111: including in the application eviden
- Page 112 and 113: In certain circumstances, Monitor m
- Page 114 and 115: Non-compliance penaltiesUnder sched
- Page 116 and 117: Notice of Intent (section 90)Where
- Page 118 and 119: • any incidental or consequential
- Page 120 and 121: Monitor will have concurrent powers
- Page 122 and 123: the first two decision-making point
- Page 124 and 125: Non-compliance penaltiesA provider
- Page 126 and 127: AnnexMonitor’s powers of enforcem
- Page 130 and 131: c) the matters likely to be taken i
- Page 132 and 133: Monitor, 4 Matthew Parker Street, L
- Page 134 and 135: Board of Directors - Part I14 th Ju
- Page 136 and 137: Board of Directors - Part I14 th Ju
- Page 138 and 139: Board of Directors - Part I14 th Ju
- Page 140 and 141: Board of Directors - Part I14 th Ju
- Page 142 and 143: Board of Directors Part I14 th June
- Page 144 and 145: Board of Directors Part I14 th June
- Page 146 and 147: BOARD OF DIRECTORSMeeting Date and
- Page 148 and 149: Job DescriptionPOST TITLEREPORTS AN
- Page 150 and 151: MEDICAL LEADERSHIPAs Medical Direct
- Page 152 and 153: PERSON SPECIFICATIONQualifications:
- Page 154 and 155: CALDICOTT GUARDIAN ROLE DESCRIPTION
- Page 156 and 157: BOARD OF DIRECTORSMeeting Date and
- Page 158 and 159: Transporting sharps containersIn or
- Page 160 and 161: NHS Winter Heroes recognisedFour me
- Page 162 and 163: Leadership programmesSupported by N
- Page 164 and 165: Board of Directors - Part I14 June
- Page 166 and 167: Board of Directors - Part I14 June
- Page 168 and 169: DatePublicationTitleInformationPage
- Page 170 and 171: DatePublicationTitle3 May 2013www.s
- Page 172 and 173: May 2013 l 6
- Page 174 and 175: DatePublicationTitleInformationPage
- Page 176 and 177: DatePublicationTitleInformationPage
) 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
Change language