Partnership arrangements. 4.1 The Partners enter into these Partnership Arrangements utilising where required the powers set out under Section 75 of the XXXX 0000 to: 4.1.1 deliver the integrated commissioning of health, social care and public health services, to better meet the needs of the Service Users of the City of Salford than if the Partners were operating independently; and 4.1.2 establish the Integrated Health and Care Fund. 4.2 The Partnership Arrangements shall comprise: 4.2.1 the setting of Approved Budgets for each financial year for each Service by the Council and by the CCG Governing Body; 4.2.2 the making of Commissioning Decisions on Reserved Matters by the Council, CCG or Health and Care Commissioning Board (as applicable); 4.2.3 the making of Commissioning Decisions by the relevant Officer in respect of Retained Decisions related to any matter under consideration by the Health and Care Commissioning Board, at the venue of the Health and Care Commissioning Board or by such Officer(s) at an alternative location and/or time at the discretion of the relevant Officer, with any such Commissioning Decision being reported to the relevant meeting of the Health and Care Commissioning Board (although a failure to so report will not invalidate the decision); 4.2.4 the making of Commissioning Decisions in relation to the Services on behalf of the Partners by the Committees; 4.2.5 the making of Commissioning Decisions by the relevant Officer in respect of Retained Decisions related to the Services under consideration by a Committee at the venue of the relevant Committee or by such Officer(s) at an alternative location and/or time at the discretion of the relevant Officer, with any such being reported to the relevant meeting of the relevant Committee (although a failure to so report will not invalidate the decision); 4.2.6 the administration of the Integrated Health and Care Fund by the CCG as directed by the Committees and/or the Health and Care Commissioning Board and/or the Partners; and 4.2.7 the oversight of the operation of the Integrated Health and Care Fund and the Committees by the Health and Care Commissioning Board. 4.3 The Partners recognise that the Integrated Health and Care Fund comprises: 4.3.1 the Pooled Budgets; and 4.3.2 the Aligned Budgets. 4.4 As required by Regulation 4(2) of the NHS Regulations 2000, the Partners have carried out a joint consultation on the proposed Partnership Arrangements with Service Users and other individuals and groups who appear to them to be affected by the Partnership Arrangements. 4.5 The Partners are satisfied that the Partnership Arrangements fulfil the objectives of the Locality Plan. 4.6 From the Commencement Date the Previous Section 75 Agreement shall terminate by agreement and subject to Clause 4.8 of this Agreement shall be replaced and superseded in their entirety by the provisions of this Agreement. 4.7 The early termination of the Previous Section 75 Agreement shall not affect any rights or obligations of either Partner arising under or in connection with the Previous Section 75 Agreement that accrued prior to the Commencement Date. 4.8 The Partners will ensure that: 4.8.1 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has duly approved their respective Financial Contributions for that Financial Year; 4.8.2 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has approved the Services to be funded from the IHCF for that Financial Year; and 4.8.3 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has approved the Services to be funded from the Pooled Budget and verified that such services fall within the CCG’s NHS Functions or the Council’s Health-Related Functions. 4.9 In View Services do not fall within the scope of the Partnership Arrangements. The Partners, however, shall: 4.9.1 use all reasonable endeavours to coordinate their actions and decisions in relation to such In View Services; 4.9.2 use all reasonable endeavours to support and facilitate the Partnership Arrangements when making decisions relating to In View Services; and 4.9.3 observe all requirements and expectations set out in the TOR in relation to In View Services, including but not limited to engagement between the Partners in relation to In View Services. 4.10 The governance arrangements for the Partnership Arrangements are set out for illustrative purposes only at Schedule 9 in diagrammatic form. The diagrammatic representation shall have no legal force or effect.
Appears in 2 contracts
Samples: Partnership Agreement, Partnership Agreement
Partnership arrangements. 4.1 The Partners Parties enter into these Partnership Arrangements utilising where required the powers set out under Section section 75 of the XXXX XXX Xxx 0000 to:
4.1.1 deliver the to provide integrated commissioning of health, health and social care and public health services, services to better meet the needs of the Service Users of the City of Salford Resident Population than if the Partners Parties were operating independently; and
4.1.2 establish the Integrated Health and Care Fund.
4.2 The purpose of this Agreement is to specify the conditions by which the NHS Body (or its successor body) shall take the lead for providing the Services to the Resident Population and to document the accountability arrangements governing the same.
4.3 The specific Aims and Outcomes of the Partnership Arrangements are described in Schedule 1.
4.4 From the Commencement Date, any Previous Section 75 Agreements are replaced by the provisions of this Agreement.
4.5 The Partnership Arrangements shall comprise:
4.2.1 (a) the setting of Approved Budgets for each financial year for each Service delegation by the Council and by Authority to the CCG Governing Body;
4.2.2 NHS Body of the making of Commissioning Decisions on Reserved Matters by the Council, CCG or Authority Health and Social Care Commissioning Board (as applicable);
4.2.3 Related Functions, so that it may exercise the making of Commissioning Decisions by the relevant Officer in respect of Retained Decisions related to any matter under consideration by the Authority Health and Social Care Commissioning Board, at the venue Related Functions and act as provider of the Health and Care Commissioning Board or by such Officer(sServices described in Schedule 2; and
(b) at an alternative location and/or time at the discretion establishment of the relevant OfficerAuthority’s Financial Contribution for the Services.
4.6 The NHS Body shall host and provide the financial administrative systems for the Authority’s Financial Contribution.
4.7 The NHS Body shall appoint a manager, with any such Commissioning Decision being reported to who shall be responsible for:
(a) managing the relevant meeting of the Health and Care Commissioning Board (although a failure to so report will not invalidate the decision);
4.2.4 the making of Commissioning Decisions in relation to the Services Authority’s Financial Contribution on behalf of the Partners Parties;
(b) managing expenditure from the Authority’s Financial Contribution within the budgets set by the Committees;
4.2.5 Parties and in accordance with the making of Commissioning Decisions by the relevant Officer in respect of Retained Decisions related to the Services under consideration by a Committee at the venue of the relevant Committee or by such Officer(s) at an alternative location and/or time at the discretion of the relevant Officer, with any such being reported to the relevant meeting of the relevant Committee (although a failure to so report will not invalidate the decision);
4.2.6 the administration of the Integrated Health and Care Fund by the CCG as directed by the Committees and/or the Health and Care Commissioning Board and/or the PartnersAnnual Development Plan; and
4.2.7 (c) submitting quarterly reports and an annual return to the oversight Parties, to enable them to monitor the success of the operation of the Integrated Health and Care Fund and the Committees by the Health and Care Commissioning BoardPartnership Arrangements.
4.3 The Partners recognise that the Integrated Health and Care Fund comprises:
4.3.1 the Pooled Budgets; and
4.3.2 the Aligned Budgets.
4.4 As required by 4.8 In accordance with Regulation 4(2) of the NHS Regulations 2000Regulations, the Partners Parties have carried out a joint consultation on the proposed Partnership Arrangements with Service Users Users, and other individuals and groups who appear to them to be affected by the Partnership Arrangements.
4.5 The Partners are satisfied that the Partnership Arrangements fulfil the objectives of the Locality Plan.
4.6 From the Commencement Date the Previous Section 75 Agreement shall terminate by agreement and subject to Clause 4.8 of 4.9 Nothing in this Agreement shall be replaced prejudice or affect:
(a) the rights and superseded in their entirety by the provisions of this Agreement.
4.7 The early termination powers, duties and obligations of the Previous Section 75 Agreement shall not affect any rights or obligations Parties in the exercise of either Partner arising under their functions as public bodies or in connection with the Previous Section 75 Agreement that accrued prior to the Commencement Date.
4.8 The Partners will ensure that:
4.8.1 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has duly approved their respective Financial Contributions for that Financial Yearany other capacity;
4.8.2 Prior (b) the powers of the Authority to the First Financial Year set, administer and prior to each subsequent Financial Year during the Term that each of them has approved the Services to be funded from the IHCF collect charges for that Financial Year; and
4.8.3 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has approved the Services to be funded from the Pooled Budget and verified that such services fall within the CCG’s NHS Functions or the Council’s any Authority Health-Related Functions.Function; or
4.9 In View Services do not fall within (c) the scope of the Partnership Arrangements. The Partners, however, shall:
4.9.1 use all reasonable endeavours Authority's power to coordinate their actions determine and decisions in relation to such In View Services;
4.9.2 use all reasonable endeavours to support and facilitate the Partnership Arrangements when making decisions relating to In View Services; and
4.9.3 observe all requirements and expectations set out in the TOR in relation to In View Services, including but not limited to engagement between the Partners in relation to In View Services.
4.10 The governance arrangements apply eligibility criteria for the Partnership Arrangements are set out for illustrative purposes only at Schedule 9 in diagrammatic form. The diagrammatic representation shall have no legal force or effectof assessment under the Community Care Xxx 0000.
Appears in 2 contracts
Samples: Section 75 Agreement, Section 75 Agreement
Partnership arrangements. 4.1 The Partners enter into these Partnership Arrangements utilising where required the powers set out under Section 75 of the XXXX 0000 to:
4.1.1 deliver the integrated commissioning of health, social care and public health services, to better meet the needs of the Service Users of the City of Salford than if the Partners were operating independently; and
4.1.2 establish the Integrated Health and Care Fund.
4.2 The Partnership Arrangements shall comprise:
4.2.1 the setting of Approved Budgets for each financial year for each Service by the Council and by the CCG Governing Body;
4.2.2 the making of Commissioning Decisions on Reserved Matters by the Council, CCG or Health and Care Commissioning Interim Locality Board (as applicable);
4.2.3 the making of Commissioning Decisions by the relevant Officer in respect of Retained Decisions related to any matter under consideration by the Health and Care Commissioning BoardInterim LocalityBoard, at the venue of the Health and Care Commissioning Board Interim LocalityBoard or by such Officer(s) at an alternative location and/or time at the discretion of the relevant Officer, with any such Commissioning Decision being reported to the relevant meeting of the Health and Care Commissioning Board Interim LocalityBoard (although a failure to so report will not invalidate the decision);
4.2.4 the making of Commissioning Decisions in relation to the Services on behalf of the Partners by the Committees;
4.2.5 the making of Commissioning Decisions by the relevant Officer in respect of Retained Decisions related to the Services under consideration by a Committee at the venue of the relevant Committee or by such Officer(s) at an alternative location and/or time at the discretion of the relevant Officer, with any such being reported to the relevant meeting of the relevant Committee (although a failure to so report will not invalidate the decision);
4.2.6 the administration of the Integrated Health and Care Fund by the CCG as directed by the Committees and/or the Health and Care Commissioning Board Interim LocalityBoard and/or the Partners; and
4.2.7 the oversight of the operation of the Integrated Health and Care Fund and the Committees by the Health and Care Commissioning Interim Locality Board.
4.3 The Partners recognise that the Integrated Health and Care Fund comprises:
4.3.1 the Pooled Budgets; and
4.3.2 the Aligned Budgets.
4.4 As required by Regulation 4(2) of the NHS Regulations 2000, the Partners have carried out a joint consultation on the proposed Partnership Arrangements with Service Users and other individuals and groups who appear to them to be affected by the Partnership Arrangements.
4.5 The Partners are satisfied that the Partnership Arrangements fulfil the objectives of the Locality Plan.
4.6 From the Commencement Date the Previous Section 75 Agreement shall terminate by agreement and subject to Clause 4.8 of this Agreement shall be replaced and superseded in their entirety by the provisions of this Agreement.
4.7 The early termination of the Previous Section 75 Agreement shall not affect any rights or obligations of either Partner arising under or in connection with the Previous Section 75 Agreement that accrued prior to the Commencement Date.
4.8 The Partners will ensure that:
4.8.1 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has duly approved their respective Financial Contributions for that Financial Year;
4.8.2 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has approved the Services to be funded from the IHCF for that Financial Year; and
4.8.3 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has approved the Services to be funded from the Pooled Budget and verified that such services fall within the CCG’s NHS Functions or the Council’s Health-Related Functions.
4.9 In View Services do not fall within the scope of the Partnership ArrangementsArrangement. The Partners, however, shall:
4.9.1 use all reasonable endeavours to coordinate their actions and decisions in relation to such In View Services;
4.9.2 use all reasonable endeavours to support and facilitate the Partnership Arrangements when making decisions relating to In View Services; and
4.9.3 observe all requirements and expectations set out in the TOR in relation to In View Services, including but not limited to engagement between the Partners in relation to In View Services.
4.10 The governance arrangements for the Partnership Arrangements are set out for illustrative purposes only at Schedule 9 in diagrammatic form. The diagrammatic representation shall have no legal force or effect.
Appears in 1 contract
Samples: Partnership Agreement
Partnership arrangements. 4.1 The Partners enter into these Partnership Arrangements utilising where required the powers set out under Section section 75 of the XXXX XXX Xxx 0000 to:
4.1.1 deliver the to commission integrated commissioning of health, health and social care and public health services, services to better meet the needs of the Service Users of Devon (not including the City authorities of Salford Plymouth and Torbay) than if the Partners were operating independently; and
4.1.2 establish the Integrated Health and Care Fund.
4.2 The specific Aims and Outcomes of the Partnership Arrangements are described in Schedule 1.
4.3 The Partnership Arrangements shall comprise:
4.2.1 (a) the setting of Approved Budgets for each financial year for each Service delegation by the Council NHS bodies to the Authority of the NHS Functions, so that it may exercise the NHS Functions alongside the Authority Health- Related Functions and by act as commissioner of the CCG Governing BodyServices described in Schedule 2;
4.2.2 (b) the making establishment of Commissioning Decisions on Reserved Matters by the Council, CCG or Health and Care Commissioning Board (as applicable);
4.2.3 the making of Commissioning Decisions by the relevant Officer in respect of Retained Decisions related to any matter under consideration by the Health and Care Commissioning Board, at the venue of the Health and Care Commissioning Board or by such Officer(s) at an alternative location and/or time at the discretion of the relevant Officer, with any such Commissioning Decision being reported to the relevant meeting of the Health and Care Commissioning Board (although a failure to so report will not invalidate the decision);
4.2.4 the making of Commissioning Decisions in relation to Pooled Funds for the Services described in Schedule 2.
4.4 The Authority shall host and provide the financial administrative systems for the Pooled Fund.
4.5 The Authority shall appoint a Pooled Fund manager, who shall be responsible for:
(a) managing the Pooled Fund on behalf of the Partners Partners;
(b) managing expenditure from the Pooled Fund within the budgets set by the Committees;
4.2.5 Partners and in accordance with the making of Commissioning Decisions by the relevant Officer in respect of Retained Decisions related to the Services under consideration by a Committee at the venue of the relevant Committee or by such Officer(s) at an alternative location and/or time at the discretion of the relevant Officer, with any such being reported to the relevant meeting of the relevant Committee (although a failure to so report will not invalidate the decision);
4.2.6 the administration of the Integrated Health and Care Fund by the CCG as directed by the Committees and/or the Health and Care Commissioning Board and/or the PartnersAnnual Development Plan; and
4.2.7 (c) submitting quarterly reports and an annual return to the oversight Partners, to enable them to monitor the success of the operation of the Integrated Health and Care Fund and the Committees by the Health and Care Commissioning BoardPartnership Arrangements.
4.3 The Partners recognise that the Integrated Health and Care Fund comprises:
4.3.1 the Pooled Budgets; and
4.3.2 the Aligned Budgets.
4.4 As required by 4.6 In accordance with Regulation 4(2) of the NHS Regulations 2000, the Partners have carried out a joint consultation on the proposed Partnership Arrangements with Service Users Users, and other individuals and groups who appear to them to be affected by the Partnership Arrangements.
4.5 The Partners are satisfied that the Partnership Arrangements fulfil the objectives of the Locality Plan.
4.6 From the Commencement Date the Previous Section 75 Agreement shall terminate by agreement and subject to Clause 4.8 of 4.7 Nothing in this Agreement shall be replaced prejudice or affect:
(a) the rights and superseded in their entirety by the provisions of this Agreement.
4.7 The early termination powers, duties and obligations of the Previous Section 75 Agreement shall not affect any rights or obligations Partners in the exercise of either Partner arising under their functions as public bodies or in connection with the Previous Section 75 Agreement that accrued prior to the Commencement Date.
4.8 The Partners will ensure that:
4.8.1 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has duly approved their respective Financial Contributions for that Financial Yearany other capacity;
4.8.2 Prior (b) the powers of the Authority to the First Financial Year set, administer and prior to each subsequent Financial Year during the Term that each of them has approved the Services to be funded from the IHCF collect charges for that Financial Year; and
4.8.3 Prior to the First Financial Year and prior to each subsequent Financial Year during the Term that each of them has approved the Services to be funded from the Pooled Budget and verified that such services fall within the CCG’s NHS Functions or the Council’s any Authority Health-Related Functions.Function; or
4.9 In View Services do not fall within (c) the scope of the Partnership Arrangements. The Partners, however, shall:
4.9.1 use all reasonable endeavours Authority's power to coordinate their actions determine and decisions in relation to such In View Services;
4.9.2 use all reasonable endeavours to support and facilitate the Partnership Arrangements when making decisions relating to In View Services; and
4.9.3 observe all requirements and expectations set out in the TOR in relation to In View Services, including but not limited to engagement between the Partners in relation to In View Services.
4.10 The governance arrangements apply eligibility criteria for the Partnership Arrangements are set out for illustrative purposes only at Schedule 9 in diagrammatic form. The diagrammatic representation shall have no legal force or effectof assessment under the Community Care Xxx 0000.
Appears in 1 contract
Samples: Section 75 Agreement
