COMMISSIONING ARRANGEMENTS. 6.1 Where there are Integrated Commissioning arrangements in respect of individual Services, both Parties shall work in cooperation and shall endeavour to ensure that the NHS Functions and Health Related Functions are commissioned with all due skill, care and attention. 6.2 Each Party shall be responsible for compliance with and making payments of all sums due from them to a Provider pursuant to the terms of a Services Contract. 6.3 Both Parties shall work in cooperation and endeavour to ensure that the relevant Services as set out in each Commissioning Plan are commissioned within each Party’s Budget Contribution in respect of that particular Service in each Financial Year. 6.4 The Parties shall comply with the arrangements in respect of the Aligned Commissioning as set out in the relevant Service Specification. 6.5 The Parties shall comply with the obligations set out in Schedule 7 (Exit Planning Obligations). 6.6 Each Party shall keep the other Party and other stakeholders regularly informed, through agreed governance arrangements, of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend in a Pooled Fund or Aligned Fund through the agreed governance arrangements. 6.7 From time to time the Parties through the Integrated Commissioning Board shall appoint one of them to act as Lead Commissioner for an Integrated Commissioning Strategy, Commissioning Plan or an individual Service and unless agreed otherwise the Lead Commissioner shall: 6.7.1 exercise the NHS Functions in conjunction with the Health Related Functions; 6.7.2 endeavour to ensure that the NHS Functions and the Health Related Functions are funded within the parameters of the Budget Contributions of each Party in relation to each particular Service in each Financial Year; 6.7.3 commission Services for individuals who meet the eligibility criteria set out in the relevant Service Specification; 6.7.4 contract with Provider(s) for the provision of the Services on terms agreed between the Parties; 6.7.5 comply with all relevant legal duties and guidance of both Parties in relation to the Services being commissioned; 6.7.6 where Services are commissioned using the NHS Standard Contract, perform the obligations of the “Commissioner” and “Co-ordinating Commissioner” with all due skill, care and attention and where Services are commissioned using any other form of contract to perform its obligations with all due skill and attention; 6.7.7 undertake performance management and contract monitoring of all Services Contracts; 6.7.8 put in place appropriate systems, as agreed by the Parties, to make sure that payments of all sums due to a Provider take place pursuant to the terms of any Services Contract; 6.7.9 provide the other Party with information in accordance with the Information Framework; and 6.7.10 keep the other Party and the Integrated Commissioning Board regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend in a Pooled Fund or Aligned Fund.
Appears in 3 contracts
Samples: Framework Section 75 Agreement, Framework Section 75 Agreement, Framework Section 75 Agreement
COMMISSIONING ARRANGEMENTS. Joint Commissioning Arrangements
6.1 Where there are Integrated Commissioning arrangements in respect of individual Services, both Parties shall work in cooperation and shall endeavour to ensure that the NHS Functions and Health Related Functions are commissioned with all due skill, care and attention.
6.2 Each Party Both Partners shall be responsible for compliance with and making payments of all sums due from them to a Provider pursuant to the terms of a Services each Service Contract.
6.3 6.2 Both Parties Partners shall work in cooperation and endeavour to ensure that the relevant Services as set out in each Commissioning Plan Scheme Specification are commissioned within each Party’s Budget Partners Financial Contribution in respect of that particular Service in each Financial Year.
6.4 6.3 The Parties Partners shall comply with the arrangements in respect of the Aligned Joint Commissioning as set out in the relevant Service Scheme Specification.
6.5 The Parties shall comply with the obligations set out in Schedule 7 (Exit Planning Obligations).
6.6 6.4 Each Party Partner shall keep the other Party and other stakeholders Partners regularly informed, through agreed governance arrangements, informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend Underspend in a Pooled Fund or Aligned Fund through the agreed governance arrangementsNon Pooled Fund.
6.7 From time 6.5 The Partnership Board will report back to time the Parties through the Integrated Health and Wellbeing Board as required by its Terms of Reference. Appointment of a Lead Commissioner
6.6 Where there are Lead Commissioning Board shall appoint one Arrangements in respect of them to act as Lead Commissioner for an Integrated Commissioning Strategy, Commissioning Plan or an individual Service and unless agreed otherwise Scheme the Lead Commissioner shall:
6.7.1 6.6.1 exercise the NHS Functions in conjunction with the Health Related FunctionsFunctions as identified in the relevant Scheme Specification;
6.7.2 6.6.2 endeavour to ensure that the NHS Functions and the Health Related Functions are funded within the parameters of the Budget Financial Contributions of each Party Partner in relation to each particular Service in each Financial Year;.
6.7.3 6.6.3 commission Services for individuals who meet the eligibility criteria set out in the relevant Service Scheme Specification;
6.7.4 6.6.4 contract with Provider(s) for the provision of the Services on terms agreed between with the Partiesother Partners;
6.7.5 6.6.5 comply with all relevant legal duties and guidance of both Parties Partners in relation to the Services being commissioned;
6.7.6 6.6.6 where Services are commissioned using the NHS Standard Form Contract, perform the obligations of the “Commissioner” and “Co-ordinating Commissioner” with all due skill, care and attention and where Services are commissioned using any other form of contract to perform its obligations with all due skill and attention;
6.7.7 6.6.7 undertake performance management and contract monitoring of all Services Service Contracts;
6.7.8 put in place appropriate systems, as agreed by the Parties, to 6.6.8 make sure that payments payment of all sums due to a Provider take place pursuant to the terms of any Services Contract;.
6.7.9 provide the other Party with information in accordance with the Information Framework; and
6.7.10 6.6.9 keep the other Party Partner and the Integrated Commissioning Board relevant joint commissioning governance boards regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend Underspend in a Pooled Fund or Aligned Fund.
Appears in 2 contracts
Samples: Framework Section 75 Partnership Agreement, Framework Section 75 Partnership Agreement
COMMISSIONING ARRANGEMENTS. Integrated Commissioning
6.1 Where there are Integrated Commissioning arrangements in respect of individual Servicesan Individual Scheme, both Parties Partners shall work in cooperation co-operation and shall endeavour to ensure that the NHS Functions and Health Related Functions are commissioned with all due skill, care and attention.
6.2 Each Party Both Partners shall be responsible for compliance with and making payments of all sums due from them to a Provider pursuant to the terms of a Services each Service Contract.
6.3 Both Parties Partners shall work in cooperation and endeavour to ensure that the relevant Services as set out in each Commissioning Plan Scheme Specification are commissioned within each Party’s Budget Partners Financial Contribution in respect of that particular Service in each Financial Year.
6.4 The Parties Partners shall comply with the arrangements in respect of the Aligned Joint (Aligned) Commissioning as set out in the relevant Service SpecificationScheme Specification and as detailed in Schedule 3.
6.5 The Parties shall comply with the obligations set out in Schedule 7 (Exit Planning Obligations).
6.6 Each Party Partner shall keep the other Party Partner and other stakeholders the Section 75 Sub-group regularly informed, through agreed governance arrangements, informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend Underspend in a Pooled Fund or Aligned Fund through Non Pooled Fund.
6.6 The Section 75 Sub-group will report to the agreed governance arrangementsCCG SCE and the Council’s Children and Young Peoples DLT as required by its Terms of Reference.
6.7 From time Staff in the integrated commissioning team may be made available under S113 of the Local Government Act 1972 to time the Parties through Partner who is not their employer for the Integrated purposes of this Agreement, save that it is not intended that decision making power should be exercised by such employees on behalf of the other Partner. Appointment of a Lead Commissioner
6.8 Where there are Lead Commissioning Board shall appoint one Arrangements in respect of them to act as Lead Commissioner for an Integrated Commissioning Strategy, Commissioning Plan or an individual Service and unless agreed otherwise Individual Scheme the Lead Commissioner shall:
6.7.1 6.8.1 exercise the NHS Functions in conjunction with the Health Related FunctionsFunctions as identified in the relevant Scheme Specification;
6.7.2 6.8.2 endeavour to ensure that the NHS Functions and the Health Related Functions are funded within the parameters of the Budget Financial Contributions of each Party Partner in relation to each particular Service in each Financial Year;
6.7.3 6.8.3 commission Services for individuals who meet the eligibility criteria set out in the relevant Service Scheme Specification;
6.7.4 6.8.4 contract with Provider(s) for the provision of the Services on terms agreed between with the Partiesother Partners;
6.7.5 6.8.5 comply with all relevant legal duties and guidance of both Parties Partners in relation to the Services being commissioned;
6.7.6 6.8.6 where Services are commissioned using the NHS Standard Form Contract, perform the obligations of the “Commissioner” and “Co-ordinating Commissioner” with all due skill, care and attention and where Services are commissioned using any other form of contract to perform its obligations with all due skill and attention;
6.7.7 6.8.7 undertake performance management and contract monitoring of all Services ContractsService Contracts together with contract management and enforcement of contract conditions as necessary;
6.7.8 put in place appropriate systems, as agreed by the Parties, to 6.8.8 make sure that payments payment of all sums due to a Provider take place pursuant to the terms of any Services Contract;.
6.7.9 provide the other Party with information in accordance with the Information Framework; and
6.7.10 6.8.9 keep the other Party Partner and the Integrated Commissioning Board Section 75 Sub-group regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend Underspend in a Pooled Fund or Aligned Non Pooled Fund.
Appears in 1 contract
Samples: Framework Partnership Agreement
COMMISSIONING ARRANGEMENTS. 6.1 Where there are Integrated Commissioning arrangements in respect of individual Services, both Parties shall work in cooperation and shall endeavour to ensure that the NHS Functions and Health Related Functions are commissioned with all due skill, care and attention.
6.2 Each Party shall be responsible for compliance with and making payments of all sums due from them to a Provider pursuant to the terms of a Services Contract.
6.3 Both Parties shall work in cooperation and endeavour to ensure that the relevant Services as set out in each Commissioning Plan are commissioned within each Party’s Budget Contribution in respect of that particular Service in each Financial Year.
6.4 The Parties Partners shall comply with the arrangements in respect of the Aligned any Lead, Integrated or Joint (Aligned) Commissioning as set out in the relevant Service Scheme Specification.
6.5 The Parties shall comply with the obligations set out in Schedule 7 (Exit Planning Obligations).
6.6 6.2 Each Party Partner shall keep the other Party Partners, the Integration Finance and other stakeholders Performance Group and the Integration Executive regularly informed, through agreed governance arrangements, informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend Underspend in a Pooled Fund or Aligned Fund through the agreed governance arrangementsNon-Pooled Fund.
6.7 From time 6.3 The Partnership Board will report back to time the Parties through the Health and Wellbeing Board as required by its Terms of Reference.
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:
6.4.1 how the liability under each Services Contract shall be apportioned in the event of termination of the relevant Individual Scheme; and
6.4.2 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) 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.)
6.5 Where the Council is itself the Provider of Services, the Council; agrees that it shall report to the Partnership Board in respect of the delivery of those Services and shall appoint one of them to act comply with the performance arrangements for the relevant Services, as Lead Commissioner for an are set out in Schedule 6. Integrated Commissioning
6.6 Where there are Integrated Commissioning Strategyarrangements in respect of an Individual Scheme:
6.6.1 the Partners shall work in cooperation and shall endeavor to ensure that Services in fulfilment of the NHS Functions and Health Related Functions are commissioned with all due skill, care, and attention.
6.6.2 Both Partners shall work in cooperation and endeavor to ensure that the relevant Services as set out in each Scheme Specification are commissioned within each Partners Financial Contribution in respect of that Service in each Financial Year. Appointment of a Lead Partner
6.7 Where there are Lead Commissioning Plan or Arrangements in respect of an individual Service and unless agreed otherwise Individual Scheme the Lead Commissioner Partner shall:
6.7.1 exercise the NHS Functions in conjunction with the Health health-Related Functions;Functions as identified in the relevant Scheme Specification.
6.7.2 endeavour endeavor to ensure that the NHS Functions and the Health Health-Related Functions are funded within the parameters of the Budget Financial Contributions of each Party Partner in relation to each particular Service in each Financial Year;.
6.7.3 commission Services for individuals who meet the eligibility criteria set out in the relevant Service Scheme Specification;.
6.7.4 contract with Provider(s) for the provision of the Services on terms agreed between with the Parties;other Partner.
6.7.5 comply with all relevant legal duties and guidance of both Parties Partners in relation to the Services being commissioned;.
6.7.6 where Services are commissioned using the NHS Standard Form Contract, perform the obligations of the “Commissioner” and “Co-ordinating Commissioner” with all due skill, care care, and attention and where Services are commissioned using any other form of contract to perform its obligations with all due skill and attention;.
6.7.7 undertake performance management and contract monitoring of all Service Contracts including (without limitation) the use of contract notices, enforcement action and all other means deemed appropriate by the Lead Partner where Services Contracts;fail to deliver contracted requirements.
6.7.8 put in place appropriate systems, as agreed by the Parties, to make sure that payments payment of all sums due to a Provider take place pursuant to the terms of any Services Contract;
6.7.9 provide the other Party with information in accordance with the Information Framework; and
6.7.10 6.7.9 keep the other Party Partner and the Integrated Commissioning Partnership Board regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend Underspend in a Pooled Fund or Aligned Non-Pooled Fund.
Appears in 1 contract
Samples: Framework Partnership Agreement
COMMISSIONING ARRANGEMENTS. Joint Commissioning Arrangements
6.1 Where there are Integrated Commissioning arrangements in respect of individual Services, both Parties shall work in cooperation and shall endeavour to ensure that the NHS Functions and Health Related Functions are commissioned with all due skill, care and attention.
6.2 Each Party Both Partners shall be responsible for compliance with and making payments of all sums due from them to a Provider pursuant to the terms of a Services each Service Contract.
6.3 6.2 Both Parties Partners shall work in cooperation and endeavour to ensure that the relevant Services as set out in each Commissioning Plan Scheme Specification are commissioned within each Party’s Budget Partners Financial Contribution in respect of that particular Service in each Financial Year.
6.4 6.3 The Parties Partners shall comply with the arrangements in respect of the Aligned Joint Commissioning as set out in the relevant Service Scheme Specification.
6.5 The Parties shall comply with the obligations set out in Schedule 7 (Exit Planning Obligations).
6.6 6.4 Each Party Partner shall keep the other Party and other stakeholders Partners regularly informed, through agreed governance arrangements, informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend Underspend in a Pooled Fund or Aligned Fund through the agreed governance arrangementsNon Pooled Fund.
6.7 From time 6.5 The Connecting 4 You Programme Board will report back to time the Parties through Health and Wellbeing Board as required by its Terms of Reference. Appointment of a Lead Commissioner
6.6 The Connecting 4 You Programme Board will approve the Integrated appointment of a Lead Commissioner. Where there are Lead Commissioning Board shall appoint one Arrangements in respect of them to act as Lead Commissioner for an Integrated Commissioning Strategy, Commissioning Plan or an individual Service and unless agreed otherwise Scheme the Lead Commissioner shall:
6.7.1 6.6.1 exercise the NHS Functions in conjunction with the Health Related FunctionsFunctions as identified in the relevant Scheme Specification;
6.7.2 6.6.2 endeavour to ensure that the NHS Functions and the Health Related Functions are funded within the parameters of the Budget Financial Contributions of each Party Partner in relation to each particular Service in each Financial Year;.
6.7.3 6.6.3 commission Services for individuals who meet the eligibility criteria set out in the relevant Service Scheme Specification;
6.7.4 6.6.4 contract with Provider(s) for the provision of the Services on terms agreed between with the Partiesother Partners;
6.7.5 6.6.5 comply with all relevant legal duties and guidance of both Parties Partners in relation to the Services being commissioned;
6.7.6 6.6.6 where Services are commissioned using the NHS Standard Form Contract, perform the obligations of the “Commissioner” and “Co-ordinating Commissioner” with all due skill, care and attention and where Services are commissioned using any other form of contract to perform its obligations with all due skill and attention;
6.7.7 6.6.7 undertake performance management and contract monitoring of all Services Service Contracts;
6.7.8 put in place appropriate systems, as agreed by the Parties, to 6.6.8 make sure that payments payment of all sums due to a Provider take place pursuant to the terms of any Services Contract;.
6.7.9 provide the other Party with information in accordance with the Information Framework; and
6.7.10 6.6.9 keep the other Party Partner and the Integrated Commissioning Board relevant joint commissioning governance boards regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or underspend Underspend in a Pooled Fund or Aligned Fund.
Appears in 1 contract
