Health and Social Care Bill

Session 2010 - 12
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Health and Social Care Bill

Health and Social Care Bill
Schedule 2 — Clinical commissioning groups
290

Schedule 2
Section 25(2)

Clinical commissioning groups
“Schedule 1A
Sections 14B(6), 14D(2) and 14I(4)

Clinical commissioning groups
Part 1
5
Constitution of clinical commissioning groups
General
1
A clinical commissioning group must have a constitution.
2     (1)
The constitution must specify—
(a)
the name of the clinical commissioning group,
10
(b)
the members of the group, and
(c)
the area of the group.
      (2)
The name of the group must comply with such requirements as
may be prescribed.
3     (1)
The constitution must specify the arrangements made by the
15
clinical commissioning group for the discharge of its functions
(including its functions in determining the terms and conditions of
its employees).
      (2)
The arrangements may include provision—
(a)
for the appointment of committees or sub-committees of
20
the clinical commissioning group, and
(b)
for any such committees to consist of or include persons
other than members or employees of the clinical
commissioning group.
      (3)
The arrangements may include provision for any functions of the
25
clinical commissioning group to be exercised on its behalf by—
(a)
any of its members or employees,
(b)
its governing body, or
(c)
a committee or sub-committee of the group.
4     (1)
The constitution must specify the procedure to be followed by the
30
clinical commissioning group in making decisions.
      (2)
The constitution must also specify the arrangements made by the
clinical commissioning group for securing that there is
transparency about the decisions of the group and the manner in
which they are made.
35
5
The constitution must specify the arrangements made by the
clinical commissioning group for discharging its duties under
section 14O(1) to (4).
6
The provision made by virtue of paragraphs 3 and 4 must secure
that there is effective participation by each member of the clinical
40
commissioning group in the exercise of the group’s functions.

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Governing bodies of clinical commissioning groups
7     (1)
The constitution must specify the arrangements made by the
clinical commissioning group for the discharge of the functions of
its governing body.
      (2)
The arrangements—
5
(a)
must include provision for the appointment of the audit
committee and remuneration committee of the governing
body, and
(b)
may include provision for the appointment of other
committees or sub-committees of the governing body.
10
      (3)
Arrangements under sub-paragraph (2)(a) may include provision
for the audit committee to include individuals who are not
members of the governing body.
      (4)
Arrangements under sub-paragraph (2)(b) may include provision
for a committee or sub-committee to include individuals who are
15
not members of the governing body but are—
(a)
members of the clinical commissioning group, or
(b)
individuals of a description specified in the constitution.
      (5)
The arrangements may include provision for any functions of the
governing body to be exercised on its behalf by—
20
(a)
any committee or sub-committee of the governing body,
(b)
a member of the governing body,
(c)
a member of the clinical commissioning group who is an
individual (but is not a member of the governing body), or
(d)
an individual of a description specified in the constitution.
25
      (6)
In this paragraph, references to the functions of the governing
body of a clinical commissioning group include references to the
functions of the clinical commissioning group which are
exercisable by the governing body under arrangements specified
in the constitution by virtue of paragraph 3(3).
30
8     (1)
The constitution must specify the procedure to be followed by the
governing body in making decisions.
      (2)
The constitution must also specify the arrangements made by the
clinical commissioning group for securing that there is
transparency about the decisions of the governing body and the
35
manner in which they are made.
      (3)
The provision made under sub-paragraph (2) must include
provision for meetings of governing bodies to be open to the
public, except where the clinical commissioning group considers
that it would not be in the public interest to permit members of the
40
public to attend a meeting or part of a meeting.
Supplemental
9
In addition to the provision authorised or required to be included
under this Part of this Schedule, the constitution may make further
provision.
45

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Part 2
Further provision about clinical commissioning groups
Status
10    (1)
A clinical commissioning group is a body corporate.
      (2)
A clinical commissioning group is not to be regarded as a servant
5
or agent of the Crown or as enjoying any status, privilege or
immunity of the Crown.
      (3)
The property of a clinical commissioning group is not to be
regarded as property of, or property held on behalf of, the Crown.
Staff
10
11    (1)
A clinical commissioning group may appoint such persons to be
employees of the group as it considers appropriate.
      (2)
A clinical commissioning group must—
(a)
pay its employees remuneration and travelling or other
allowances in accordance with determinations made by its
15
governing body under section 14L(3)(a), and
(b)
employ them on such other terms and conditions as it may
determine.
      (3)
A clinical commissioning group may, for or in respect of such of
its employees as it may determine, make arrangements for
20
providing pensions, allowances or gratuities.
      (4)
Such arrangements may include the establishment and
administration, by the clinical commissioning group or otherwise,
of one or more pension schemes.
      (5)
The arrangements that may be made under sub-paragraph (3)
25
include arrangements for the provision of pensions, allowances or
gratuities by way of compensation to or in respect of any of the
clinical commissioning group’s employees who suffer loss of
office or employment or loss or diminution of emoluments.
Accountable officer
30
12    (1)
A clinical commissioning group must have an accountable officer.
      (2)
The accountable officer is to be appointed by the Board.
      (3)
The Board may appoint a person to be the accountable officer for
more than one clinical commissioning group (and in the following
provisions of this paragraph such an appointment is referred to as
35
a “joint appointment”).
      (4)
The accountable officer may be—
(a)
an individual who is a member of the clinical
commissioning group or of any body that is a member of
the group or, in the case of a joint appointment, an
40
individual who is a member of any of the groups in

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question or of any body that is a member of any of those
groups, or
(b)
an employee of the group or of any member of the group
or, in the case of a joint appointment, an employee of any
of the groups in question or of any member of those
5
groups.
      (5)
If the accountable officer is not an employee of the clinical
commissioning group or, in the case of a joint appointment, of any
of the groups in question, the group or any of the groups may pay
remuneration and travelling or other allowances to the
10
accountable officer in accordance with determinations made by its
governing body under section 14L(3)(a).
      (6)
A clinical commissioning group may, for or in respect of its
accountable officer, make arrangements for providing pensions,
allowances or gratuities.
15
      (7)
The arrangements that may be made under sub-paragraph (6)
include arrangements for the provision of pensions, allowances or
gratuities by way of compensation to or in respect of the
accountable officer where the officer suffers loss of office or loss or
diminution of emoluments.
20
      (8)
Where a clinical commissioning group has, by virtue of paragraph
11(4), established a pension scheme, the arrangements that may be
made under sub-paragraph (6) include arrangements for the
accountable officer to be a member of the scheme.
      (9)
The accountable officer is responsible for ensuring that the clinical
25
commissioning group or, in the case of a joint appointment, each
of the groups in question—
(a)
complies with its obligations under—
(i)
sections 14Q and 14R,
(ii)
sections 223H to 223J,
30
(iii)
paragraphs 17 to 19 of this Schedule, and
(iv)
any other provision of this Act specified in a
document published by the Board for the purposes
of this sub-paragraph, and
(b)
exercises its functions in a way which provides good value
35
for money.
Remuneration etc for members of governing bodies
13    (1)
A clinical commissioning group may pay members of its
governing body such remuneration and travelling or other
allowances as it considers appropriate.
40
      (2)
A clinical commissioning group may, for or in respect of such
members of its governing body as it may determine, make
arrangements for providing pensions, allowances or gratuities.
      (3)
Such arrangements may include the establishment and
administration, by the clinical commissioning group or otherwise,
45
of one or more pension schemes.

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      (4)
The arrangements that may be made under sub-paragraph (2)
include arrangements for the provision of pensions, allowances or
gratuities by way of compensation to or in respect of any members
of the governing body who suffer loss or diminution of
emoluments.
5
      (5)
Where a clinical commissioning group has, by virtue of paragraph
11(4), established a pension scheme, the arrangements that may be
made under sub-paragraph (2) include arrangements for members
of the governing body to be members of the scheme.
      (6)
Sub-paragraph (2) does not apply to members of the governing
10
body who are—
(a)
members or employees of the clinical commissioning
group, or
(b)
members or employees of a body that is a member of the
clinical commissioning group.
15
Additional powers in respect of payment of allowances
14
A clinical commissioning group may pay such travelling or other
allowances as it considers appropriate to any of the following—
(a)
members of the clinical commissioning group who are
individuals;
20
(b)
individuals authorised to act on behalf of a member of the
clinical commissioning group in dealings between the
member and the group;
(c)
members of any committee or sub-committee of the
clinical commissioning group or its governing body.
25
Trust funds and trustees
15    (1)
The Secretary of State may by order provide for the appointment
of trustees for a clinical commissioning group to hold property on
trust—
(a)
for the general or any specific purposes of the group, or
30
(b)
for any purposes relating to the health service in England.
      (2)
An order under sub-paragraph (1) may—
(a)
make provision as to the persons by whom trustees must
be appointed and generally as to the method of their
appointment,
35
(b)
make any appointment subject to such conditions as may
be specified in the order (including conditions requiring
the consent of the Secretary of State),
(c)
make provision as to the number of trustees to be
appointed, including provision under which that number
40
may from time to time be determined by the Secretary of
State after consultation with such persons as the Secretary
of State considers appropriate, and
(d)
make provision with respect to the term of office of any
trustee and his or her removal from office.
45
      (3)
Where trustees have been appointed by virtue of sub-paragraph
(1), the Secretary of State may by order provide for the transfer of

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any trust property from the clinical commissioning group to the
trustees.
Externally financed development agreements
16    (1)
The powers of a clinical commissioning group include power to
enter into externally financed development agreements.
5
      (2)
For the purposes of this paragraph, an agreement is an externally
financed agreement if it is certified as such in writing by the
Secretary of State.
      (3)
The Secretary of State may give a certificate under this paragraph
if—
10
(a)
in the Secretary of State’s opinion the purpose or main
purpose of the agreement is the provision of services or
facilities in connection with the discharge by a clinical
commissioning group of any of its functions, and
(b)
a person proposes to make a loan to, or provide any other
15
form of finance for, another party in connection with the
agreement.
      (4)
If a clinical commissioning group enters into an externally
financed development agreement it may also, in connection with
that agreement, enter into an agreement with a person who falls
20
within sub-paragraph (3)(b) in relation to the externally financed
development agreement.
      (5)
In sub-paragraph (3)(b) “another party” means any party to the
agreement other than the clinical commissioning group.
      (6)
The fact that an agreement made by a clinical commissioning
25
group has not been certified under this paragraph does not affect
its validity.
Accounts and audits
17    (1)
A clinical commissioning group must keep proper accounts and
proper records in relation to the accounts.
30
      (2)
A clinical commissioning group must prepare annual accounts in
respect of each financial year.
      (3)
The Board may, with the approval of the Secretary of State, direct
a clinical commissioning group to prepare accounts in respect of
such period or periods as may be specified in the direction.
35
      (4)
The Board may, with the approval of the Secretary of State, give
directions to a clinical commissioning group as to—
(a)
the methods and principles according to which its annual
or other accounts must be prepared, and
(b)
the form and content of such accounts.
40
      (5)
The annual accounts and, if the Board so directs, accounts
prepared by virtue of sub-paragraph (3) must be audited in
accordance with the Audit Commission Act 1998 by an auditor or

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auditors appointed in accordance with arrangements made by the
Board for the purposes of this paragraph.
      (6)
The Comptroller and Auditor General may examine—
(a)
the annual accounts and any records relating to them, and
(b)
any report on them by the auditor or auditors.
5
      (7)
A clinical commissioning group must send its audited annual
accounts, and any audited accounts prepared by it by virtue of
sub-paragraph (3), to the Board by no later than the date specified
in a direction by the Board.
      (8)
The Board may direct a clinical commissioning group to send its
10
unaudited annual accounts, and any unaudited accounts
prepared by it by virtue of sub-paragraph (3), to the Board by no
later than the date specified in a direction by the Board.
      (9)
For the purposes of this paragraph “financial year” includes the
period which begins on the day the clinical commissioning group
15
is established and ends on the following 31 March.
Provision of financial information to Board
18    (1)
The Board may direct a clinical commissioning group to supply it
with such information relating to its accounts or to its income or
expenditure, or its use of resources, as may be specified in the
20
direction.
      (2)
The power conferred by sub-paragraph (1) includes power to
direct a clinical commissioning group to supply the Board with—
(a)
estimates of its future income or expenditure or its future
use of resources;
25
(b)
any information which the Board considers is necessary to
enable it to verify any other information supplied to it
under sub-paragraph (1).
      (3)
A clinical commissioning group must supply the Board with any
information specified in a direction under sub-paragraph (1)
30
within such period as may be specified in the direction.
      (4)
In this paragraph, a reference to the use of resources is a reference
to their expenditure, consumption or reduction in value.
Provision of information required by the Secretary of State
19    (1)
The Secretary of State may require each clinical commissioning
35
group to provide the Board with such information as the Secretary
of State considers it necessary to have for the purposes of the
functions of the Secretary of State in relation to the health service.
      (2)
The information must be provided in such form, and at such time
or within such period, as the Secretary of State may require.
40
      (3)
The powers conferred by this paragraph must be exercised in the
same way in relation to each clinical commissioning group.