Common use of Lead Commissioner Arrangements Clause in Contracts

Lead Commissioner Arrangements. 6.1 The following shall apply where Lead Commissioning Arrangements are to be used, as identified in the relevant Schedules under this Agreement: 6.2 the Partners agree that with effect from the Commencement Date of the Lead Commissioning Agreement the Partners shall enter into Lead Commissioning Arrangements in accordance with this Agreement, the Regulations and the Guidance. For each Individual Service area, the Partner which shall be the Lead Commissioner and shall exercise the NHS Functions in conjunction with the Community Care Functions will be identifed in the relevant Schedule; 6.3 the persons in respect of whom the Lead Commissioner may Lead Commission services shall be persons who meet the agreed Eligibility Criteria set out in the relevant schedule; 6.4 the agreed aims and outcomes of the Lead Commissioner Arrangements shall be the Aims and the Objectives respectively; 6.5 the Lead Commissioner shall in performing the Lead Commissioner Functions comply with the requirements of this Agreement, the Lead Commissioner Arrangements set out in the Regulations, the Guidance and any other relevant laws, regulations or other governmental guidance; 6.6 excluding any of the Services which are commissioned from a Pooled Fund, the Lead Commissioner may only commission Services under the NHS Function from the NHS Budget and under the Community Care Function from the Community Care Budget; 6.7 the Lead Commissioner shall, subject to the provisions relating to Overspends and Underspends in Clause 9 below, only commission Individual Services using funds from the corresponding Individual Service Budget; 6.8 Not Used 6.9 where the Council is the Lead Commissioner, it shall ensure that all contracts which procure services on behalf of the NHS shall include a provision that upon expiry or termination of this Agreement such contracts will either expire or terminate or, at the sole option of the PCT, be assigned from the Council to the PCT upon the same terms as the original contract; 6.10 where the PCT is the Lead Commissioner, it shall ensure that all contracts which procure services on behalf of the local authority shall include a provision that upon expiry or termination of this Agreement such contracts either expire or terminate or, at the sole option of the Council, be assigned from the PCT to the Council upon the same terms as the original contract.

Appears in 2 contracts

Samples: Partnership Agreement, Partnership Agreement

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Lead Commissioner Arrangements. 6.1 7.1 The following shall apply where Lead Commissioning Arrangements are to be used, as identified in the relevant Schedules under this Agreement: 6.2 the Partners agree that with effect from the Commencement Date of the Lead Commissioning Agreement the Partners shall enter into Lead Commissioning Arrangements Arrangements, as set out in Part 2, in accordance with this Agreement, the Regulations and the Guidance. For each Individual Service areaService, the Partner which shall be the Lead Commissioner and shall exercise the NHS Functions in conjunction with the Community Social Care Functions will be identifed in the relevant Schedule;Schedule of Part 2. 6.3 the 7.2 The persons in respect of whom the Lead Commissioner may carry out Lead Commission services Commissioning shall be persons who meet the agreed Eligibility Criteria set out in the relevant schedule;Eligible Service Users. 6.4 the 7.3 The agreed aims and outcomes of the Lead Commissioner Arrangements shall be the Aims and the Objectives respectively;Objectives. 6.5 the 7.4 The Lead Commissioner shall in performing the Lead Commissioner Functions comply with the requirements of this Agreement, the Lead Commissioner Arrangements set out in the Regulations, the Guidance and any other relevant laws, regulations or other governmental guidance;. 6.6 excluding 7.5 Excluding any of the Services which are commissioned from a Pooled Fund, the Lead Commissioner may only commission Services under the NHS Function from the NHS Budget CCG's Contributions for the relevant Individual Service and under the Community Care Function from the Community Care Budget;Council's Contributions for the relevant Individual Service. 6.7 the 7.6 The Lead Commissioner shall, subject to the provisions relating to Overspends overspends and Underspends underspends in Clause 9 11 below, only commission Individual Services using funds from the corresponding Individual Service Budget;. 6.8 Not Used7.7 The Nominated Commissioning Manager for each Individual Service or her delegated representative shall be the person responsible for tendering contracts for that Individual Service with any appropriate providers on behalf of the Partners. All contracts or service level agreements for jointly commissioned services will be entered into in the name of and executed by the Lead Commissioner. 6.9 where 7.8 Where the Council is the Lead Commissioner, it shall ensure that all contracts which procure services on behalf of that include provision to commission the Services under the NHS Functions shall include a provision that those parts of contracts which relate to the commissioning of the Services under the NHS Function shall upon expiry or termination of this Agreement such contracts will either expire or terminate or, at the sole option of the PCTCCG, be assigned from the Council to the PCT CCG upon the same terms mutatis mutandis as the original contract;. 6.10 where 7.9 Where the PCT CCG is the Lead Commissioner, it shall ensure that all contracts which procure services on behalf of that include provision to commission the local authority Services under the Community Care Function shall include a provision that those parts of contracts which relate to the commissioning of the Services under the Local Authority Function shall upon expiry or termination of this Agreement such contracts either expire or terminate or, at the sole option of the Council, be assigned from the PCT CCG to the Council upon the same terms mutatis mutandis as the original contract.

Appears in 2 contracts

Samples: Partnership Agreement, Partnership Agreement

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