Commentary on Sections Part 3 - Regulation of Health and Adult Social Care Services Schedule 11 - Further provision about enforcement powers Section 109 - Publication of enforcement action
847.Subsection (1) provides that Monitor must include information in its annual report on discretionary requirements it has imposed and enforcement undertakings it has accepted during the financial year that the report covers. Under subsection (2) Monitor is not able to include information if it is satisfied that publication of it would or might significantly harm the legitimate business or personal interests of the person to whom the information relates.
848.Subsection (3) provides that Monitor is not to include in the report information about discretionary requirements that have been overturned on appeal.