|
| |
|
14X | Power of Board to provide assistance or support |
| |
(1) | The Board may provide assistance or support to a commissioning |
| |
| |
(2) | The assistance that may be provided includes— |
| |
(a) | financial assistance, and |
| 5 |
(b) | making the services of the Board’s employees or any other |
| |
resources of the Board available to the consortium. |
| |
(3) | Assistance or support provided under this section may be provided on |
| |
such terms and conditions, including terms as to payment, as the Board |
| |
| 10 |
(4) | The Board may, in particular, impose restrictions on the use of any |
| |
financial or other assistance or support provided under this section. |
| |
(5) | A commissioning consortium must comply with any restrictions |
| |
imposed under subsection (4). |
| |
Commissioning plans and reports |
| 15 |
| |
(1) | Before the start of each relevant period, a commissioning consortium |
| |
must prepare a plan setting out how it proposes to exercise its functions |
| |
| |
(2) | In subsection (1), “relevant period”, in relation to a commissioning |
| 20 |
| |
| |
(i) | begins on such day during the first financial year of the |
| |
consortium as the Board may direct, and |
| |
(ii) | ends at the end of that financial year, and |
| 25 |
(b) | each subsequent financial year. |
| |
(3) | The plan must, in particular, explain how the consortium proposes to |
| |
discharge its duties under— |
| |
| |
(b) | sections 223I to 223K. |
| 30 |
(4) | In preparing the plan, the commissioning consortium must consult |
| |
each relevant Health and Wellbeing Board about its views on whether |
| |
the plan takes proper account of the most recent joint health and |
| |
wellbeing strategy published by the Health and Wellbeing Board (by |
| |
virtue of section 193 of the Health and Social Care Act 2011). |
| 35 |
(5) | Where a Health and Wellbeing Board is consulted under subsection |
| |
| |
(a) | the Health and Wellbeing Board must give the consortium its |
| |
opinion on whether the plan takes proper account of the most |
| |
| 40 |
(b) | the consortium must include a statement of the Health and |
| |
Wellbeing Board’s opinion in the plan. |
| |
|
| |
|
| |
|
(6) | Where a Health and Wellbeing Board is consulted under subsection (4) |
| |
it may also give the Board its opinion on the matter mentioned in |
| |
| |
(7) | The commissioning consortium must publish the plan. |
| |
(8) | The commissioning consortium must give a copy of the plan to the |
| 5 |
Board before the date specified by the Board in a direction. |
| |
(9) | The commissioning consortium must give a copy of the plan to each |
| |
relevant Health and Wellbeing Board. |
| |
(10) | The commissioning consortium may revise the plan. |
| |
(11) | If the consortium proposes to revise the plan so as to make changes |
| 10 |
which it considers significant, subsections (4), (5)(a) and (6) apply in |
| |
relation to the revision of the plan as they apply in relation to its |
| |
| |
(12) | If the consortium revises the plan so as to make changes which it |
| |
considers significant, subsections (5)(b) and (7) to (9) apply in relation |
| 15 |
to the revised plan as they apply in relation to the plan. |
| |
(13) | If the consortium revises the plan in any other way the consortium |
| |
| |
(a) | publish a document setting out the changes it has made to the |
| |
| 20 |
(b) | give a copy of the document to the Board and each relevant |
| |
Health and Wellbeing Board. |
| |
(14) | The Board may publish guidance for commissioning consortia on the |
| |
discharge of their functions by virtue of subsections (10) to (13). |
| |
(15) | A commissioning consortium must have regard to any guidance |
| 25 |
published by the Board under subsection (14). |
| |
(16) | In this section, “relevant Health and Wellbeing Board” means a Health |
| |
and Wellbeing Board established by a local authority whose area |
| |
coincides with, or includes the whole or any part of, the area of the |
| |
| 30 |
14Z | Reports by commissioning consortia |
| |
(1) | In each financial year other than its first financial year, a commissioning |
| |
consortium must prepare a report (an “annual report”) on how it has |
| |
discharged its functions in the previous financial year. |
| |
(2) | An annual report must, in particular, explain how the commissioning |
| 35 |
consortium has discharged its duty under sections 14L and 14P. |
| |
(3) | The Board may give directions to commissioning consortia as to the |
| |
form and content of an annual report. |
| |
(4) | A commissioning consortium must give a copy of its annual report to |
| |
the Board before the date specified by the Board in a direction. |
| 40 |
(5) | A commissioning consortium must— |
| |
(a) | publish its annual report, and |
| |
(b) | hold a meeting for the purpose of presenting the report to |
| |
| |
|
| |
|
| |
|
Performance assessment of consortia |
| |
14Z1 | Performance assessment of consortia |
| |
(1) | The Board must conduct a performance assessment of each |
| |
commissioning consortium in respect of each financial year. |
| |
(2) | A performance assessment is an assessment of how well the |
| 5 |
consortium has discharged its functions during that year. |
| |
(3) | The assessment must, in particular, include an assessment of how well |
| |
the consortium has discharged its duties under— |
| |
| |
(b) | sections 223I to 223K. |
| 10 |
(4) | The Board must, in particular, have regard to— |
| |
(a) | any document published by the Secretary of State for the |
| |
purposes of this section, and |
| |
(b) | any guidance published under section 14V. |
| |
(5) | The Board must publish a report in respect of each financial year |
| 15 |
containing a summary of the results of each performance assessment |
| |
conducted by the Board in respect of that year. |
| |
Powers to require information etc. |
| |
14Z2 | Circumstances in which powers in sections 14Z3 and 14Z4 apply |
| |
(1) | Sections 14Z3 and 14Z4 apply where the Board has reason to believe— |
| 20 |
(a) | that the area of a commissioning consortium is no longer |
| |
| |
(b) | that a commissioning consortium might have failed, might be |
| |
failing or might fail to discharge any of its functions. |
| |
(2) | Any reference in subsection (1) to failure to discharge a function |
| 25 |
includes a reference to failure to discharge it properly. |
| |
14Z3 | Power to require documents and information etc. |
| |
(1) | Where this section applies, the Board may require a person mentioned |
| |
in subsection (2) to provide to the Board any information, documents, |
| |
records or other items that the Board considers it necessary or |
| 30 |
expedient to have for the purposes of any of its functions in relation to |
| |
the commissioning consortium. |
| |
(2) | The persons mentioned in this subsection are— |
| |
(a) | the commissioning consortium if it has possession or control of |
| |
| 35 |
(b) | any member or employee of the consortium who has possession |
| |
or control of the item in question. |
| |
(3) | A person must comply with a requirement imposed under subsection |
| |
| |
(4) | The power conferred by subsection (1) includes power to require that |
| 40 |
any information, documents or records kept by means of a computer be |
| |
provided in legible form. |
| |
|
| |
|
| |
|
(5) | The power conferred by subsection (1) does not include power to |
| |
require the provision of personal records. |
| |
(6) | In subsection (5), “personal records” has the meaning given by section |
| |
12 of the Police and Criminal Evidence Act 1984. |
| |
14Z4 | Power to require explanation |
| 5 |
(1) | Where this section applies, the Board may require the commissioning |
| |
consortium to provide it with an explanation of any matter which |
| |
relates to the exercise by the consortium of any of its functions, |
| |
including an explanation of how the consortium is proposing to |
| |
exercise any of its functions. |
| 10 |
(2) | The Board may require the explanation to be given— |
| |
(a) | orally at such time and place as the Board may specify, or |
| |
| |
(3) | The commissioning consortium must comply with a requirement |
| |
imposed under subsection (1). |
| 15 |
| |
Any information, documents, records or other items that are obtained |
| |
by the Board in pursuance of section 14Z3 or 14Z4 may be used by the |
| |
Board in connection with any of its functions in relation to |
| |
| 20 |
| |
14Z6 | Power to give directions, dissolve consortium etc. |
| |
(1) | This section applies if the Board is satisfied that— |
| |
(a) | a commissioning consortium is failing or has failed to discharge |
| |
| 25 |
(b) | there is a significant risk that a commissioning consortium will |
| |
| |
(2) | The Board may direct the consortium to discharge such of those |
| |
functions, and in such manner and within such period or periods, as |
| |
may be specified in the direction. |
| 30 |
(3) | The Board may direct— |
| |
| |
(b) | the accountable officer of the consortium, |
| |
| to cease to perform any functions for such period or periods as may be |
| |
specified in the direction. |
| 35 |
| |
(a) | terminate the appointment of the consortium’s accountable |
| |
| |
(b) | appoint another person to be its accountable officer. |
| |
(5) | Paragraph 9(4) of Schedule 1A does not apply to an appointment under |
| 40 |
| |
(6) | The Board may vary the constitution of the consortium, including |
| |
| |
|
| |
|
| |
|
| |
(b) | adding any person who is a provider of medical services to the |
| |
| |
(c) | removing any person from that list. |
| |
(7) | The Board may dissolve the consortium. |
| 5 |
(8) | Where a direction is given under subsection (3) the Board may— |
| |
(a) | exercise any of the functions that are the subject of the direction |
| |
on behalf of the consortium or (as the case may be) the |
| |
| |
(b) | direct another consortium or (as the case may be) the |
| 10 |
accountable officer of another consortium to perform any of |
| |
those functions on behalf of the consortium or (as the case may |
| |
be) the accountable officer, in such manner and within such |
| |
period or periods as may be specified in the directions. |
| |
(9) | A commissioning consortium to which a direction is given under |
| 15 |
| |
(a) | where the Board exercises a function of the consortium under |
| |
subsection (8)(a), co-operate with the Board, and |
| |
(b) | where a direction is given under subsection (8)(b) to another |
| |
commissioning consortium or to the accountable officer of |
| 20 |
another commissioning consortium, co-operate with the other |
| |
consortium or (as the case may be) the accountable officer. |
| |
(10) | Before exercising the power conferred by subsection (8)(b) the Board |
| |
must consult the consortium to which it is proposing to give the |
| |
| 25 |
(11) | Where the Board exercises a power conferred by subsection (6) or (7), |
| |
the Board may make a property transfer scheme or a staff transfer |
| |
| |
(12) | In subsection (11), “property transfer scheme” and “staff transfer |
| |
scheme” have the same meaning as in section 14I. |
| 30 |
(13) | Part 3 of Schedule 1A applies in relation to a property transfer scheme |
| |
or a staff transfer scheme under subsection (11) as it applies in relation |
| |
to a property transfer scheme or (as the case may be) a staff transfer |
| |
scheme under section 14I(1). |
| |
(14) | Any reference in subsection (1) to failure to discharge a function |
| 35 |
includes a reference to failure to discharge it properly. |
| |
Procedural requirements in connection with certain powers |
| |
14Z7 | Procedural requirements in connection with certain powers |
| |
(1) | Before exercising the power to dissolve a consortium under section |
| |
14Z6(7) the Board must consult the following persons— |
| 40 |
(a) | the commissioning consortium, |
| |
(b) | relevant local authorities, and |
| |
(c) | any other persons the Board considers it appropriate to consult. |
| |
(2) | For that purpose, the Board must provide those persons with a |
| |
| 45 |
|
| |
|
| |
|
(a) | explaining that it is proposing to exercise the power, and |
| |
(b) | giving its reasons for doing so. |
| |
(3) | After consulting those persons (and before exercising the power), the |
| |
Board must publish a report containing its response to the consultation. |
| |
(4) | If the Board decides to exercise the power, the report must, in |
| 5 |
particular, explain its reasons for doing so. |
| |
(5) | Regulations may make provision as to the procedure to be followed by |
| |
the Board before the exercise of the powers conferred by sections 14Z3, |
| |
| |
(6) | The Board must publish guidance as to how it proposes to exercise the |
| 10 |
powers conferred by those sections. |
| |
(7) | For the purposes of subsection (1) a local authority is a relevant local |
| |
authority if its area coincides with, or includes the whole or any part of, |
| |
the area of the consortium. |
| |
Disclosure of information |
| 15 |
14Z8 | Permitted disclosures of information |
| |
(1) | A commissioning consortium may disclose information obtained by it |
| |
in the exercise of its functions if— |
| |
(a) | the information has previously been lawfully disclosed to the |
| |
| 20 |
(b) | the disclosure is made under or pursuant to regulations under |
| |
section 113 or 114 of the Health and Social Care (Community |
| |
Health and Standards) Act 2003 (complaints about health care |
| |
| |
(c) | the disclosure is made in accordance with any enactment or |
| 25 |
| |
(d) | the disclosure is necessary or expedient for the purposes of |
| |
protecting the welfare of any individual, |
| |
(e) | the disclosure is made to any person in circumstances where it |
| |
is necessary or expedient for the person to have the information |
| 30 |
for the purpose of exercising functions of that person under any |
| |
| |
(f) | the disclosure is made for the purpose of facilitating the exercise |
| |
of any of the consortium’s functions, |
| |
(g) | the disclosure is made in connection with the investigation of a |
| 35 |
criminal offence (whether or not in the United Kingdom), or |
| |
(h) | the disclosure is made for the purpose of criminal proceedings |
| |
(whether or not in the United Kingdom). |
| |
(2) | This section has effect notwithstanding any rule of common law which |
| |
would otherwise prohibit or restrict the disclosure. |
| 40 |
| |
| |
| |
|
| |
|
| |
|
“financial year”, in relation to a commissioning consortium, |
| |
includes the period which begins on the day the consortium is |
| |
established and ends on the following 31 March; |
| |
“the health service” means the health service in England.” |
| |
23 | Financial arrangements for consortia |
| 5 |
After section 223G of the National Health Service Act 2006 insert— |
| |
| |
223H | Means of meeting expenditure of commissioning consortia out of |
| |
| |
(1) | The Board must pay in respect of each financial year to each |
| 10 |
commissioning consortium sums not exceeding the amount allotted for |
| |
that year by the Board to the consortium towards meeting the |
| |
expenditure of the consortium which is attributable to the performance |
| |
by it of its functions in that year. |
| |
(2) | In determining the amount to be allotted to a consortium for any year, |
| 15 |
the Board may take into account— |
| |
(a) | the expenditure of the consortium during any previous |
| |
| |
(b) | the amount that it proposes to hold, during the year to which |
| |
the allotment relates, in any contingency fund established |
| 20 |
| |
(3) | An amount is allotted to a consortium for a year under this section |
| |
when the consortium is notified in writing by the Board that the |
| |
amount is allotted to it for that year. |
| |
(4) | The Board may make a new allotment under this section increasing or |
| 25 |
reducing an allotment previously so made. |
| |
(5) | Where the Board allots an amount to a consortium or makes a new |
| |
allotment under subsection (4), it must notify the Secretary of State. |
| |
(6) | The Board may give directions to a commissioning consortium with |
| |
| 30 |
(a) | the application of sums paid to it by virtue of a new allotment |
| |
increasing an allotment previously so made, and |
| |
(b) | the payment of sums by it to the Board in respect of charges or |
| |
other sums referable to the valuation or disposal of assets. |
| |
(7) | Sums falling to be paid to commissioning consortia under this section |
| 35 |
are payable subject to such conditions as to records, certificates or |
| |
otherwise as the Board may determine. |
| |
(8) | In this section and sections 223I to 223L “financial year” includes the |
| |
period which begins on the day the consortium is established and ends |
| |
on the following 31 March. |
| 40 |
223I | Financial duties of commissioning consortia: general |
| |
(1) | Each commissioning consortium must, in respect of each financial year, |
| |
perform its functions so as to ensure that its expenditure which is |
| |
|
| |
|