WIREDGOV

The sector regulator, Monitor sets out how it proposes to enforce the rules for which it will be responsible under the new NHS regulatory regime that comes into force from 1 April 2013. Monitor’s priority in exercising its functions is to ensure that patients’ interests are protected and promoted.

Powers conferred by the Health and Social Care Act 2012 enable the regulator to take enforcement action against NHS foundation trusts, and other providers and organisations that breach relevant requirements of Monitor’s new regime.

Monitor can require providers who breach their licence conditions to put things right, or risk having their licence revoked in certain circumstances. Monitor will, in future, also be able to impose financial penalties.

In addition, Monitor will be able to ensure that all NHS providers and other organisations supply the information it needs in order to regulate the sector.  The principles that will inform the way Monitor undertakes this task are set out the Enforcement Guidance.

Managing Director of Provider Regulation, Stephen Hay said: “We have regulated NHS foundation trusts for some years to ensure they are financially robust and well led, in order to deliver quality care for patients.

“We are taking on new powers that will cover other NHS-funded providers as well, but our intention is to operate the new regime under similar principles to the current one.”

Notes to Editors

·         For media enquiries please contact Emma Shepherd Media Relations Manager on 020 7340 2438 (emma.shepherd@monitor-nhsft.gov.uk)

·         Monitor is the sector regulator of NHS-funded healthcare services. Under the Health and Social Care Act 2012 its fundamental duty is to protect and promote the interests of people who use them. Information about Monitor’s new role can be found here.  

·         The guidance comes into effect when licences are granted to foundation trusts on 1 April 2013.  All providers of NHS Health Services will require a licence unless exempt under rules issued by the Department of Health.

·         The guidance also applies to new powers granted to Monitor under the 2012 Act to apply competition law in relation to the provision of healthcare services in England. These will be held concurrent with the Office of Fair Trading (OFT), meaning that either Monitor or the OFT may act in relation to a particular case.

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