Financial Provisions and Liability. Notification of the Delegated Funds and Adjustments to the Delegated Funds 13.1. NHS England will, in respect of each Financial Year, notify the CCG of the proportion of the funds allocated to NHS England by the Secretary of State pursuant to Chapter 6 of the NHS Act and which are to be paid to the CCG for the purpose of meeting expenditure in respect of the Delegated Functions for that Financial Year (the “Delegated Funds”). 13.2. Except in relation to pooled funds and subject to the terms of this clause 13 (Financial Provisions and Liability) and, in particular, clause 13.4, the CCG must use the Delegated Funds to meet expenditure in respect of the exercise of the Delegated Functions. Without prejudice to the generality of the foregoing, the CCG must make: 13.2.1. all payments in relation to the Primary Medical Services Contracts including payments in relation to QOF and implementing financial adjustments or sanctions (including in relation to breaches of provider obligations); and 13.2.2. all payments under the Premises Costs Directions. 13.3. NHS England may, in any Financial Year by sending a notice to the CCG of such increase or decrease, increase or reduce the Delegated Funds: 13.3.1. in order to take into account any monthly adjustments or corrections to the Delegated Funds that NHS England considers appropriate (following discussions with the CCG), including without limitation adjustments following any changes to the Delegation or Delegated Functions (including changes pursuant to paragraph 6 or paragraph 16 of the Delegation), changes in allocations, changes in contracts or otherwise; 13.3.2. in order to comply with a change in the amount allocated to NHS England by the Secretary of State pursuant to section 223B of the NHS Act; 13.3.3. to take into account any Losses arising under clause 13.35; 13.3.4. to take into account any Claim Losses; 13.3.5. to take into account any adjustments that NHS England considers appropriate (including without limitation in order to make corrections or otherwise to reflect notional budgets) to reflect funds transferred (or that should have been transferred) to the CCG in respect of the Delegated Funds and/or funds transferred (or that should have been transferred) to the CCG and in respect of which the CCG has management or administrative responsibility under clauses 13.13 to 13.23 of this Agreement; or 13.3.6. in order to ensure compliance by NHS England of its obligations under the NHS Act (including without limitation, Chapter 6 of the NHS Act) or the HSCA or any action taken or direction made by the Secretary of State under the NHS Act or the HSCA.
Appears in 10 contracts
Samples: Delegation Agreement, Delegation Agreement, NHS England Primary Medical Services Delegation Agreement
Financial Provisions and Liability. Notification of the Delegated Funds and Adjustments to the Delegated Funds
13.1. NHS England will, in respect of each Financial Year, notify the CCG of the proportion of the funds allocated to NHS England by the Secretary of State pursuant to Chapter 6 of the NHS Act and which are to be paid to the CCG for the purpose of meeting expenditure in respect of the Delegated Functions for that Financial Year (the “Delegated Funds”).
13.2. Except in relation to pooled funds and subject to the terms of this clause 13 (Financial Provisions and Liability) and, in particular, clause 13.4, the CCG must use the Delegated Funds to meet expenditure in respect of the exercise of the Delegated Functions. Without prejudice to the generality of the foregoing, the CCG must make:
13.2.1. all payments in relation to the Primary Medical Services Contracts including payments in relation to QOF and implementing financial adjustments or sanctions (including in relation to breaches of provider obligations); and
13.2.2. all payments under the Premises Costs Directions.
13.3. NHS England may, in any Financial Year by sending a notice to the CCG of such increase or decrease, increase or reduce the Delegated Funds:
13.3.1. in order to take into account any monthly adjustments or corrections to the Delegated Funds that NHS England considers appropriate (following discussions with the CCG), including without limitation adjustments following any changes to the Delegation or Delegated Functions (including changes pursuant to paragraph 6 11 or paragraph 16 30 of the Delegation), changes in allocations, changes in contracts or otherwise;
13.3.2. in order to comply with a change in the amount allocated to NHS England by the Secretary of State pursuant to section 223B of the NHS Act;
13.3.3. to take into account any Losses arising under clause 13.35;
13.3.4. to take into account any Claim Losses;
13.3.5. to take into account any adjustments that NHS England considers appropriate (including without limitation in order to make corrections or otherwise to reflect notional budgets) to reflect funds transferred (or that should have been transferred) to the CCG in respect of the Delegated Funds and/or funds transferred (or that should have been transferred) to the CCG and in respect of which the CCG has management or administrative responsibility under clauses 13.13 to 13.23 of this Agreement; or
13.3.6. in order to ensure compliance by NHS England of its obligations under the NHS Act (including without limitation, Chapter 6 of the NHS Act) or the HSCA or any action taken or direction made by the Secretary of State under the NHS Act or the HSCA.
Appears in 4 contracts
Samples: Delegation Agreement, Delegation Agreement, Delegation Agreement
Financial Provisions and Liability. Notification of the Delegated Funds and Adjustments to the Delegated Funds
13.1. NHS England will, in respect of each Financial Year, notify the CCG of the proportion of the funds allocated to NHS England by the Secretary of State pursuant to Chapter 6 of the NHS Act and which are to be paid to the CCG for the purpose of meeting expenditure in respect of the Delegated Functions for that Financial Year (the “Delegated Funds”).
13.2. Except in relation to pooled funds and subject to the terms of this clause 13 (Financial Provisions and Liability) and, in particular, clause 13.4, the CCG must use the Delegated Funds to meet expenditure in respect of the exercise of the Delegated Functions. Without prejudice to the generality of the foregoing, the CCG must make:
13.2.1. all payments in relation to the Primary Medical Services Contracts including payments in relation to QOF and implementing financial adjustments or sanctions (including in relation to breaches of provider obligations); and
13.2.2. all payments under the Premises Costs Directions.
13.3. NHS England may, may increase or reduce the Delegated Funds in any Financial Year Year, by sending a notice to the CCG of such increase or decrease, increase or reduce the Delegated Funds:
13.3.1. in order to take into account any monthly adjustments or corrections to the Delegated Funds that NHS England considers appropriate (following discussions with the CCG), including without limitation adjustments following any changes to the Delegation or Delegated Functions (including changes pursuant to paragraph 6 or paragraph 16 of the Delegation), changes in allocations, changes in contracts or otherwise;
13.3.2. in order to comply with a change in the amount allocated to NHS England by the Secretary of State pursuant to section 223B of the NHS Act;
13.3.3. to take into account any Losses arising under clause 13.35;
13.3.4. to take into account any Claim Losses;
13.3.5. to take into account any adjustments that NHS England considers appropriate (including without limitation in order to make corrections or otherwise to reflect notional budgets) to reflect funds transferred (or that should have been transferred) to the CCG in respect of the Delegated Funds and/or funds transferred (or that should have been transferred) to the CCG and in respect of which the CCG has management or administrative responsibility under clauses 13.13 to 13.23 of this Agreement; or
13.3.6. in order to ensure compliance by NHS England of its obligations under the NHS Act (including without limitation, Chapter 6 of the NHS Act) or the HSCA or any action taken or direction made by the Secretary of State under the NHS Act or the HSCA.
Appears in 3 contracts
Samples: Delegation Agreement, Delegation Agreement, Delegation Agreement
Financial Provisions and Liability. Notification of the Delegated Funds and Adjustments to the Delegated Funds
13.112.1. NHS England will, in respect of each Financial Year, notify the CCG of the proportion of the funds allocated to NHS England by the Secretary of State pursuant to Chapter 6 of the NHS Act and which are to be paid to the CCG for the purpose of meeting expenditure in respect of the Delegated Functions for that Financial Year (the “Delegated Funds”).
13.212.2. Except in relation to pooled funds and subject to the terms of this clause 13 12 (Financial Provisions and Liability) and, in particular, clause 13.412.4, the CCG must use the Delegated Funds to meet expenditure in respect of the exercise of the Delegated Functions. Without prejudice to the generality of the foregoing, the CCG must make:
13.2.112.2.1. all payments in relation to the Primary Medical Services Contracts including payments in relation to QOF and implementing financial adjustments or sanctions (including in relation to breaches of provider obligations); and
13.2.212.2.2. all payments under the Premises Costs Directions.
13.312.3. NHS England may, may increase or reduce the Delegated Funds in any Financial Year Year, by sending a notice to the CCG of such increase or decrease, increase or reduce the Delegated Funds:
13.3.112.3.1. in order to take into account any monthly adjustments or corrections to the Delegated Funds that NHS England considers appropriate (following discussions with the CCG), including without limitation adjustments following any changes to the Delegation or Delegated Functions (including changes pursuant to paragraph 6 or paragraph 16 of the Delegation), changes in allocations, changes in contracts or otherwise;
13.3.212.3.2. in order to comply with a change in the amount allocated to NHS England by the Secretary of State pursuant to section 223B of the NHS Act;
13.3.312.3.3. to take into account any Losses arising under clause 13.3512.35;
13.3.412.3.4. to take into account any Claim Losses;
13.3.512.3.5. to take into account any adjustments that NHS England considers appropriate (including without limitation in order to make corrections or otherwise to reflect notional budgets) to reflect funds transferred (or that should have been transferred) to the CCG in respect of the Delegated Funds and/or funds transferred (or that should have been transferred) to the CCG and in respect of which the CCG has management or administrative responsibility under clauses 13.13 12.13 to 13.23 12.23 of this Agreement; or
13.3.612.3.6. in order to ensure compliance by NHS England of its obligations under the NHS Act (including without limitation, Chapter 6 of the NHS Act) or the HSCA or any action taken or direction made by the Secretary of State under the NHS Act or the HSCA.
Appears in 2 contracts
Samples: Delegation Agreement, Delegation Agreement
Financial Provisions and Liability. Notification of the Delegated Funds and Adjustments to the Delegated Funds
13.112.1. NHS England will, in respect of each Financial Year, notify the CCG of the proportion of the funds allocated to NHS England by the Secretary of State pursuant to Chapter 6 of the NHS Act and which are to be paid to the CCG for the purpose of meeting expenditure in respect of the Delegated Functions for that Financial Year (the “Delegated Funds”).
13.212.2. Except in relation to pooled funds and subject to the terms of this clause 13 12 (Financial Provisions and Liability) and, in particular, clause 13.412.4, the CCG must use the Delegated Funds to meet expenditure in respect of the exercise of the Delegated Functions. Without prejudice to the generality of the foregoing, the CCG must make:
13.2.112.2.1. all payments in relation to the Primary Medical Services Contracts including payments in relation to QOF and implementing financial adjustments or sanctions (including in relation to breaches of provider obligations); and
13.2.212.2.2. all payments under the Premises Costs Directions.
13.312.3. NHS England may, in any Financial Year by sending a notice to the CCG of such increase or decrease, increase or reduce the Delegated Funds:
13.3.112.3.1. in order to take into account any monthly adjustments or corrections to the Delegated Funds that NHS England considers appropriate (following discussions with the CCG), including without limitation adjustments following any changes to the Delegation or Delegated Functions (including changes pursuant to paragraph 6 11 or paragraph 16 30 of the Delegation), changes in allocations, changes in contracts or otherwise;
13.3.212.3.2. in order to comply with a change in the amount allocated to NHS England by the Secretary of State pursuant to section 223B of the NHS Act;
13.3.312.3.3. to take into account any Losses arising under clause 13.3512.35;
13.3.412.3.4. to take into account any Claim Losses;
13.3.512.3.5. to take into account any adjustments that NHS England considers appropriate (including without limitation in order to make corrections or otherwise to reflect notional budgets) to reflect funds transferred (or that should have been transferred) to the CCG in respect of the Delegated Funds and/or funds transferred (or that should have been transferred) to the CCG and in respect of which the CCG has management or administrative responsibility under clauses 13.13 12.13 to 13.23 12.23 of this Agreement; or
13.3.612.3.6. in order to ensure compliance by NHS England of its obligations under the NHS Act (including without limitation, Chapter 6 of the NHS Act) or the HSCA or any action taken or direction made by the Secretary of State under the NHS Act or the HSCA.
Appears in 1 contract
Samples: Delegation Agreement
