Common use of COMMISSIONING ARRANGEMENTS General Clause in Contracts

COMMISSIONING ARRANGEMENTS General. 6.1. The Partners shall comply with the commissioning arrangements as set out in the relevant Scheme Specification and any such services in any additional Scheme Specification shall become the Services for the purposes of this Agreement. 6.2. The Partners shall comply with all relevant legal duties and guidance of both Partners in relation to the Services being commissioned. 6.3. Each Partner shall keep the other Partner and the Partnership Board regularly informed of the effectiveness of the arrangements including any Overspend or Underspend in a Pooled Fund. 6.4. Where there are Integrated Commissioning or Lead Commissioning Arrangements in respect of an Individual Scheme then prior to any new Services Contract being entered into the Partners shall agree in writing: i. How the new Individual Scheme shall benefit relevant Service Users and shall undertake any appropriate consultation in accordance with the NHS Act, ii. how the liability under each Services Contract shall be apportioned in the event of termination of the relevant Individual Scheme; and iii. whether the Services Contract should give rights to third parties (and in particular if a Partner is not a party to the Services Contract to that Partner, the Partners shall consider whether or not the Partner that is not to be a party to the Services Contract should be afforded any rights to enforce any terms of the Services Contract under the Contracts (Rights of Third Parties) Xxx 0000 and if it is agreed that such rights should be afforded the Partner entering the Services Contract shall ensure as far as is reasonably possible that such rights that have been agreed are included in the Services Contract and shall establish how liability under the Services Contract shall be apportioned in the event of termination of the relevant Individual Scheme.); iv. details of who shall be the Lead Partner of the Individual Scheme and how the services referred to therein shall be provided.

COMMISSIONING ARRANGEMENTS General. 6.1. 6.1 The Partners shall comply with the commissioning arrangements as set out in the relevant Scheme Specification and any such services in any additional Scheme Specification shall become the Services for the purposes of this AgreementSpecification. 6.2. 6.2 The Joint Strategic Commissioning Board and the CCG Governing Body will report back to the Health and Wellbeing Board as required. 6.3 The Partners shall comply with all relevant legal duties and guidance of both Partners in relation to the Services being commissioned. 6.3. 6.4 Each Partner shall keep the other Partner and the Partnership Board regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or Underspend in a Pooled Fund or Non-Pooled Fund. 6.4. 6.5 Where there are Integrated Commissioning or Lead Commissioning Arrangements in respect of an Individual Scheme then prior to any new Services Service Contract being entered into the Partners shall agree in writing: i. How the new Individual Scheme shall benefit relevant Service Users and shall undertake any appropriate consultation in accordance with the NHS Act, ii. (a) how the liability under each Services Service Contract shall be apportioned in the event of termination of the relevant Individual Scheme; and iii. (b) whether the Services Service Contract should give rights to third parties (and in particular if a Partner is not a party to the Services Service Contract to that Partner, the Partners shall consider whether or not the Partner that is not to be a party to the Services Service Contract should be afforded any rights to enforce any terms of the Services Service Contract under the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 and if it is agreed that such rights should be afforded the Partner entering the Services Service Contract shall ensure as far as is reasonably possible that such rights that have been agreed are included in the Services Service Contract and shall establish how liability under the Services Service Contract shall be apportioned in the event of termination of the relevant Individual Scheme.); iv. details 6.6 The Partners shall comply with the arrangements in respect of who Joint (Aligned) Commissioning as set out in the relevant Scheme Specification, which shall be the Lead Partner include where applicable arrangements in respect of the Individual Scheme and how the services referred to therein shall be providedService Contracts.

COMMISSIONING ARRANGEMENTS General. 6.1. ‌ 6.1 The Partners shall comply with the commissioning arrangements as set out in the relevant Scheme Specification and any such services in any additional Scheme Specification shall become the Services for the purposes of this AgreementSpecification. 6.2. 6.2 The Joint Strategic Commissioning Board and the CCG Governing Body will report back to the Health and Wellbeing Board as required. 6.3 The Partners shall comply with all relevant legal duties and guidance of both Partners in relation to the Services being commissioned. 6.3. 6.4 Each Partner shall keep the other Partner and the Partnership Board regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or Underspend in a Pooled Fund or Non-Pooled Fund. 6.4. 6.5 Where there are Integrated Commissioning or Lead Commissioning Arrangements in respect of an Individual Scheme then prior to any new Services Service Contract being entered into the Partners shall agree in writing: i. How the new Individual Scheme shall benefit relevant Service Users and shall undertake any appropriate consultation in accordance with the NHS Act, ii. (a) how the liability under each Services Service Contract shall be apportioned in the event of termination of the relevant Individual Scheme; andand‌ iii. (b) whether the Services Service Contract should give rights to third parties (and in particular if a Partner is not a party to the Services Service Contract to that Partner, the Partners shall consider whether or not the Partner that is not to be a party to the Services Service Contract should be afforded any rights to enforce any terms of the Services Service Contract under the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 and if it is agreed that such rights should be afforded the Partner entering the Services Service Contract shall ensure as far as is reasonably possible that such rights that have been agreed are included in the Services Service Contract and shall establish how liability under the Services Service Contract shall be apportioned in the event of termination of the relevant Individual Scheme.);Scheme.)‌ iv. details 6.6 The Partners shall comply with the arrangements in respect of who Joint (Aligned) Commissioning as set out in the relevant Scheme Specification, which shall be the Lead Partner include where applicable arrangements in respect of the Individual Scheme and how the services referred to therein shall be providedService Contracts.

COMMISSIONING ARRANGEMENTS General. 6.1. 6.1 The Partners shall comply with the commissioning arrangements as set out in the relevant Scheme Specification Specification 6.2 The Better Care Fund Steering Group will report back to the Health and any such services in any additional Scheme Specification shall become the Services for the purposes Wellbeing Board as required by its terms of this Agreementreference. 6.2. 6.3 The Partners shall comply with all relevant legal duties and guidance of both Partners in relation to the Services being commissioned. 6.3. 6.4 Each Partner shall keep the other Partner and the Partnership Board Better Care Fund Steering Group regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or Underspend in a Pooled Fund or Non-Pooled Fund. 6.4. 6.5 Where there are Integrated Commissioning or Lead Commissioning Arrangements in respect of an Individual Scheme then prior to any new Services Contract being entered into the Partners shall agree in writing: i. How the new Individual Scheme shall benefit relevant Service Users and shall undertake any appropriate consultation in accordance with the NHS Act, ii. 6.5.1 how the liability under each Services Contract shall be apportioned in the event of termination of the relevant Individual Scheme; and iii. 6.5.2 whether the Services Contract should give rights to third parties (and in particular if a Partner is not a party to the Services Contract to that Partner, the Partners shall consider whether or not the Partner that is not to be a party to the Services Contract should be afforded any rights to enforce any terms of the Services Contract under the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 and if it is agreed that such rights should be afforded the Partner entering the Services Contract shall ensure as far as is reasonably possible that such rights that have been agreed are included in the Services Contract and shall establish how liability under the Services Contract shall be apportioned in the event of termination of the relevant Individual Scheme.); iv. details 6.6 The Partners shall comply with the arrangements in respect of who Joint (Aligned) Commissioning as set out in the relevant Scheme Specification, which shall be the Lead Partner include where applicable arrangements in respect of the Individual Scheme and how the services referred to therein shall be providedServices Contracts.