text_body: --- DIVISION TITLE ---
  
  Health and Social Care Bill - New Clause 2 - Powers and Responsibilities of the Health Service Regulator - Monitor
  
  --- MOTION EFFECT ---
  
  @ MP voted aye to give the health service regulator,  Monitor, powers to require information and co-operation from those it regulates and to publish guidance and maintain a risk assessment when it imposes conditions on a licensed health service provider. 
  
  @ MP voted no against giving the health service regulator,  Monitor, powers to require information and co-operation from those it regulates and against requiring Monitor to publish guidance and maintain a risk assessment when it imposes conditions on a licensed health service provider. 
  
  The majority of MPs voted in favour of a new provision[1] in the Health and Social Care Bill[2] giving additional powers and responsibilities to the health service regulator "Monitor"[3]. 
  
  The clause gives Monitor powers to require information and co-operation from those it regulates and requires Monitor to produce and publish guidance for commissioners and licensed health service providers where Monitor has imposed special conditions on a licence; the provision also requires Monitor to maintain an ongoing risk assessment where such special conditions have been imposed. 
  
  
  The text of the new clause was:
  
  :(1) The things which a licence holder may be required to do by a condition under [http://www.publications.parliament.uk/pa/bills/cbill/2010-2012/0221/cbill_2010-20120221_en_13.htm#pt3-ch4-pb3-l1g104 section 104] (1)(i)(i) include, in particularâ
  
  :*(a) providing information to the commissioners of services to which the condition applies and to such other persons as Monitor may direct,
  
  :*(b) allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and
  
  :*(c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holderâs affairs, business and property.
  
  :(2) A commissioner of services to which a condition under [http://www.publications.parliament.uk/pa/bills/cbill/2010-2012/0221/cbill_2010-20120221_en_13.htm#pt3-ch4-pb3-l1g104 section 104] (1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.
  
  :(3) Where a licence includes a condition under [http://www.publications.parliament.uk/pa/bills/cbill/2010-2012/0221/cbill_2010-20120221_en_13.htm#pt3-ch4-pb3-l1g104 section 104] (1)(i), (j) or (k), Monitor must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.
  
  :(4) Monitor must publish guidanceâ
  
  :(a) for commissioners of a service to which a condition under [http://www.publications.parliament.uk/pa/bills/cbill/2010-2012/0221/cbill_2010-20120221_en_13.htm#pt3-ch4-pb3-l1g104 section 104] (1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and
  
  :(b) for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.
  
  :(5) A commissioner of services to which a condition under [http://www.publications.parliament.uk/pa/bills/cbill/2010-2012/0221/cbill_2010-20120221_en_13.htm#pt3-ch4-pb3-l1g104 section 104] (1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).
  
  :(6) Monitor may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.
  
  :(7) Before publishing guidance under subsection (4) or (6), Monitor must obtain the approval ofâ
  
  :*(a) the Secretary of State, and
  
  :*(b) the National Health Service Commissioning Board.â
  
  
  ==
  
  
  * [1] [http://www.theyworkforyou.com/debates/?id=2011-09-06a.187.1#g187.2 Official Record, House of Commons, 6 September 2011]
  * [2] [http://services.parliament.uk/bills/2010-11/healthandsocialcare.html Health and Social Care Bill page on the Parliament website] (Now the Health and Social Care Act 2012) 
  * [3] [http://www.monitor-nhsft.gov.uk Monitor - the sector regulator for health services in England]
  
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  