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Health and Social Care Act 2012

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This is the original version (as it was originally enacted).

106Enforcement undertakings
This sectionnoteType=Explanatory Notes has no associated

(1)Monitor may accept an enforcement undertaking from a person if Monitor has reasonable grounds to suspect that the person—

(a)has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter,

(b)is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or

(c)is in breach of a requirement imposed by Monitor under section 104.

(2)In this Chapter, “enforcement undertaking” means an undertaking from a person to take such action of a kind mentioned in subsection (3) as may be specified in the undertaking within such period as may be so specified.

(3)The specified action must be—

(a)action to secure that the breach in question does not continue or recur,

(b)action to secure that the position is, so far as possible, restored to what it would have been if the breach in question 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, or

(ii)any commissioner of health care services for the purposes of the NHS which is affected by the breach, or

(d)action of such a description as may be prescribed.

(4)Where Monitor accepts an enforcement undertaking then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it—

(a)Monitor may not impose on that person any discretionary requirement which it would otherwise have power to impose by virtue of section 105 in respect of the breach to which the undertaking relates, and

(b)if the breach to which the undertaking relates falls within subsection (1)(b), Monitor may not revoke that person’s licence under section 89(b).

(5)Where a person from whom Monitor has accepted an enforcement undertaking has failed to comply fully with the undertaking but has complied with part of it, Monitor must take the partial compliance into account in deciding whether—

(a)to impose a discretionary requirement on the person in respect of the breach to which the undertaking relates, or

(b)if the breach to which the undertaking relates falls within subsection (1)(b), to revoke the person’s licence under section 89(b).

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