Common use of Pooled Fund Arrangements Clause in Contracts

Pooled Fund Arrangements. The following shall apply where Pooled Funds are to be used: 5.1 the Partners hereby agree that with effect from the Commencement Date of the Pooled Fund Agreement they shall establish and thereafter during the Term maintain a Pooled Fund for revenue expenditure on the Pooled Fund Functions in accordance with the terms of this Agreement, the Partners being satisfied that the said Functions are a combination of NHS Functions and Community Care Functions; 5.2 the Partners shall make contributions annually to each Pooled Fund. The contribution to each Pooled Fund of each Partner shall, for the first Financial Year of the Partnership Arrangements be in accordance with Clause 8 of this agreement and with the relevant Schedule of this Agreement. The Partners may agree in writing that further services become included in the Pooled Fund Functions for meeting the needs of Eligible Service Users where the additional services meet the agreed joint Aims and Objectives of the Partners; 5.3 the proportions of the contributions made annually to a Pooled Fund by each Partner will determine the [proportionate/relative] levels of responsibility assumed by each Partner with respect to any elements of risk associated with those contributions; 5.4 the persons in respect of which the Pooled Fund Functions may be exercised shall be persons who meet the relevant Eligibility criteria as set out in the relevant schedule; 5.5 the agreed aims and outcomes of the Pooled Fund Arrangements shall be the Aims and the Objectives respectively; 5.6 the Host Partner for the purposes of the Regulations for each Pooled Fund shall be as set out in the relevant Schedule or where no Host Partner is identified for a Pooled Fund, the Partner which contributes the most to the Pooled Fund. The Host Partner will undertake to comply in all respects with the Regulations, the Guidance and any other relevant laws, regulations or guidance in the exercise of its functions as Host Partner; 5.7 the obligations of the Host Partner pursuant the Regulations shall be deemed to have been fulfilled if such reports returns and information as are referred to therein are submitted to the relevant Joint Commissioning Group by the Pooled Fund Manager in accordance with the timings set out in the Regulations; 5.8 the standing orders and standing financial instructions of the Host Partner as notified to the other Partner from time to time shall apply to the management of the Pooled Fund; 5.9 the Host Partner shall be responsible for establishing the necessary financial and administrative support to enable the effective efficient management and effective monitoring and audit of the Pooled Fund; The cost of administration and any associated costs of managing the Pooled fund shall be drawn from the Pooled Fund, such costs being agreed, as far as possible, in advance of the commencement of the agreement by the Partners. Such costs will be apportioned on a pro rata basis by the Partners. 5.10 the Host Partner shall also be responsible for establishing appropriate accounting arrangements for any funds transferred by the other Partner to enable effective monitoring and audit, and to comply with all relevant NHS or local authority guidance, including without limitation those relating to the control environment assurance. 5.11 the Host Partner shall provide such information as deemed necessary by the Partners, the relevant Joint Commissioning group and the Joint Strategic Commissioning Board to enable such effective monitoring and reporting; 5.12 the Host Partner shall provide the other Partner with the necessary information it requires to meet their controls assurance requirements; 5.13 The function delegated from the Director of Adult Social Services (DASS) or the appropriate PCT counterpart, the Pool Fund Manager1 for the purposes of the 7(4) of the Regulations shall be the Pooled Fund Manager for each Individual Service and as such the Pooled Fund Manager will be responsible for: 5.13.1 effectively and efficiently managing the Pooled Fund on behalf of the Partners; 5.13.2 authorising payments from the Pooled Fund in accordance with the Pooled Fund Functions and Service Description, as set out in the relevant Schedules; 5.13.3 submitting quarterly reports and annual returns on the relevant Pooled Fund in accordance with the Guidance and the Regulations and setting out in detail the income and expenditure from the Pooled Fund and other information by which the Joint Commissioning Group can monitor the use and effectiveness of the Pooled Fund; 5.13.4 ensuring that management arrangements and reporting for the Pooled Fund Budget comply with audit requirements; 5.14 the Pool Manager shall be responsible for managing the budget of the Pooled Fund and forecasting and reporting to the relevant Joint Commissioning arrangement upon the targets and information in accordance with the relevant Schedule. Any further targets or performance measures may be set from time to time. Reporting will include progress against the agreed service objectives plus information on actual or likely overspends and under-spends, this to include monthly reporting in the case of any variances of or in excess of plus or minus 1% of an agreed budget. 5.15 The Host Partner shall be responsible for any costs, in excess of the Pooled Fund at any time, where those costs were reasonably predictable, save for those costs incurred with the written agreement of the Partners in accordance with the Terms of this Agreement. Predictable costs are those costs incurred by the Host Partner where it would be reasonable to expect a competent commissioner to have foreseen the likelihood of such costs arising. 5.16 Where costs have been incurred in excess of those originally agreed by the Partners at the outset of the agreement or as subsequently agreed and those costs or expenses were not reasonably foreseeable, then the Partners shall agree to meet the additional expenditure in direct proportion of the fund expended on their statutory function.

Pooled Fund Arrangements. The following shall apply where Pooled Funds are to be used: 5.1 the Partners hereby agree that with effect from the Commencement Date of the Pooled Fund Agreement they shall establish and thereafter during the Term maintain a Pooled Fund for revenue expenditure on the Pooled Fund Functions in accordance with the terms of this Agreement, the Partners being satisfied that the said Functions are a combination of NHS Functions and Community Care Functions; 5.2 the Partners shall make contributions annually to each Pooled Fund. The contribution to each Pooled Fund of each Partner shall, for the first Financial Year of the Partnership Arrangements be in accordance with Clause 8 of this agreement and with the relevant Schedule of this Agreement. The Partners may agree in writing that further services become included in the Pooled Fund Functions for meeting the needs of Eligible Service Users where the additional services meet the agreed joint Aims and Objectives of the Partners; 5.3 the proportions of the contributions made annually to a Pooled Fund by each Partner will determine the [proportionate/relative] levels of responsibility assumed by each Partner with respect to any elements of risk associated with those contributions; 5.4 the persons in respect of which the Pooled Fund Functions may be exercised shall be persons who meet the relevant Eligibility criteria as set out in the relevant schedule; 5.5 the agreed aims and outcomes of the Pooled Fund Arrangements shall be the Aims and the Objectives respectively; 5.6 the Host Partner for the purposes of the Regulations for each Pooled Fund shall be as set out in the relevant Schedule or where no Host Partner is identified for a Pooled Fund, the Partner which contributes the most to the Pooled Fund. The Host Partner will undertake to comply in all respects with the Regulations, the Guidance and any other relevant laws, regulations or guidance in the exercise of its functions as Host Partner; 5.7 the obligations of the Host Partner pursuant the Regulations shall be deemed to have been fulfilled if such reports returns and information as are referred to therein are submitted to the relevant Joint Commissioning Group by the Pooled Fund Manager in accordance with the timings set out in the Regulations; 5.8 the standing orders and standing financial instructions of the Host Partner as notified to the other Partner from time to time shall apply to the management of the Pooled Fund; 5.9 the Host Partner shall be responsible for establishing the necessary financial and administrative support to enable the effective efficient management and effective monitoring and audit of the Pooled Fund; The cost of administration and any associated costs of managing the Pooled fund shall be drawn from the Pooled Fund, such costs being agreed, as far as possible, in advance of the commencement of the agreement by the Partners. Such costs will be apportioned on a pro rata basis by the Partners. 5.10 the Host Partner shall also be responsible for establishing appropriate accounting arrangements for any funds transferred by the other Partner to enable effective monitoring and audit, and to comply with all relevant NHS or local authority guidance, including without limitation those relating to the control environment assurance. 5.11 the Host Partner shall provide such information as deemed necessary by the Partners, the relevant Joint Commissioning group and the Joint Strategic Commissioning Board to enable such effective monitoring and reporting; 5.12 the Host Partner shall provide the other Partner with the necessary information it requires to meet their controls assurance requirements; 5.13 The function delegated from the Director of Adult Social Services (DASS) or the appropriate PCT counterpart, the Pool Fund Manager1 for the purposes of the 7(4) of the Regulations shall be the Pooled Fund Manager for each Individual Service and as such the Pooled Fund Manager will be responsible for: 5.13.1 effectively and efficiently managing the Pooled Fund on behalf of the Partners; 5.13.2 authorising payments from the Pooled Fund in accordance with the Pooled Fund Functions and Service Description, as set out in the relevant Schedules; 5.13.3 submitting quarterly reports and annual returns on the relevant Pooled Fund in accordance with the Guidance and the Regulations and setting out in detail the income and expenditure from the Pooled Fund and other information by which the Joint Commissioning Group can monitor the use and effectiveness of the Pooled Fund; 5.13.4 ensuring that management arrangements and reporting for the Pooled Fund Budget comply with audit requirements;; 1 The term is interchangeable depending upon the model of commissioning and financial management processes 5.14 the Pool Manager shall be responsible for managing the budget of the Pooled Fund and forecasting and reporting to the relevant Joint Commissioning arrangement upon the targets and information in accordance with the relevant Schedule. Any further targets or performance measures may be set from time to time. Reporting will include progress against the agreed service objectives plus information on actual or likely overspends and under-spends, this to include monthly reporting in the case of any variances of or in excess of plus or minus 1% of an agreed budget. 5.15 The Host Partner shall be responsible for any costs, in excess of the Pooled Fund at any time, where those costs were reasonably predictable, save for those costs incurred with the written agreement of the Partners in accordance with the Terms of this Agreement. Predictable costs are those costs incurred by the Host Partner where it would be reasonable to expect a competent commissioner to have foreseen the likelihood of such costs arising. 5.16 Where costs have been incurred in excess of those originally agreed by the Partners at the outset of the agreement or as subsequently agreed and those costs or expenses were not reasonably foreseeable, then the Partners shall agree to meet the additional expenditure in direct proportion of the fund expended on their statutory function.

Pooled Fund Arrangements. 5.1 The following Partners agree that this Clause 5 shall apply where Pooled Funds are to be used:used in respect of an Individual Service as allowed for in Part 2. 5.1 5.2 The Partners acknowledge that they are entering into the Pooled Fund Arrangements pursuant to section 75(2)(a) of the 2006 Act and Regulation 7 of the Regulations. The Partners hereby agree that with effect from the Commencement Date of the Pooled Fund Agreement they shall establish and thereafter during the Term period of this Agreement maintain a Pooled Fund for revenue expenditure on in respect of the relevant Individual Service (the "Pooled Fund Functions Functions") in accordance with the terms of this Agreement, the Partners being satisfied that the said Pooled Fund Functions are a combination of NHS Functions and Community Social Care Functions;. 5.2 5.3 The Partners agree to develop an annual Joint Strategy and Savings plan. to ensure that there is transparency over the budgets, investments and savings in respect of the relevant pooled and aligned funds. 5.4 The Partners shall make contributions Contributions annually to each Pooled Fund. The contribution Contribution to each Pooled Fund of each Partner shall, for the first Financial Year of the Partnership Arrangements be as set out in the relevant Schedule of Part 2, and thereafter shall be determined in accordance with Clause 8 10 (Financial Contributions) of this agreement Agreement and with the relevant Schedule of this AgreementPart 2. The Partners may agree in writing that further services become included in the Pooled Fund Functions for meeting the needs of Eligible Service Users where the additional services meet the agreed joint Aims and Objectives of the Partners;Objectives. 5.3 the proportions of the contributions made annually to a Pooled Fund by each Partner will determine the [proportionate/relative] levels of responsibility assumed by each Partner with respect to any elements of risk associated with those contributions; 5.4 the 5. 5The persons in respect of which the Pooled Fund Functions may be exercised shall be persons who meet the relevant Eligibility criteria as set out in the relevant schedule; 5.5 the agreed aims and outcomes of the Pooled Fund Arrangements shall be the Aims and the Objectives respectively; 5.6 the Host Partner for the purposes of the Regulations for each Pooled Fund shall be as set out in the relevant Schedule or where no Host Partner is identified for a Pooled Fund, the Partner which contributes the most to the Pooled Fund. The Host Partner will undertake to comply in all respects with the Regulations, the Guidance and any other relevant laws, regulations or guidance in the exercise of its functions as Host Partner; 5.7 the obligations of the Host Partner pursuant the Regulations shall be deemed to have been fulfilled if such reports returns and information as are referred to therein are submitted to the relevant Joint Commissioning Group by the Pooled Fund Manager in accordance with the timings set out in the Regulations; 5.8 the standing orders and standing financial instructions of the Host Partner as notified to the other Partner from time to time shall apply to the management of the Pooled Fund; 5.9 the Host Partner shall be responsible for establishing the necessary financial and administrative support to enable the effective efficient management and effective monitoring and audit of the Pooled Fund; The cost of administration and any associated costs of managing the Pooled fund shall be drawn from the Pooled Fund, such costs being agreed, as far as possible, in advance of the commencement of the agreement by the Partners. Such costs will be apportioned on a pro rata basis by the PartnersEligible Service Users. 5.10 the Host Partner shall also be responsible for establishing appropriate accounting arrangements for any funds transferred by the other Partner to enable effective monitoring and audit, and to comply with all relevant NHS or local authority guidance, including without limitation those relating to the control environment assurance. 5.11 the Host Partner shall provide such information as deemed necessary by the Partners, the relevant Joint Commissioning group and the Joint Strategic Commissioning Board to enable such effective monitoring and reporting; 5.12 the Host Partner shall provide the other Partner with the necessary information it requires to meet their controls assurance requirements; 5.13 The function delegated from the Director of Adult Social Services (DASS) or the appropriate PCT counterpart, the Pool Fund Manager1 for the purposes of the 7(4) of the Regulations shall be the Pooled Fund Manager for each Individual Service and as such the Pooled Fund Manager will be responsible for: 5.13.1 effectively and efficiently managing the Pooled Fund on behalf of the Partners; 5.13.2 authorising payments from the Pooled Fund in accordance with the Pooled Fund Functions and Service Description, as set out in the relevant Schedules; 5.13.3 submitting quarterly reports and annual returns on the relevant Pooled Fund in accordance with the Guidance and the Regulations and setting out in detail the income and expenditure from the Pooled Fund and other information by which the Joint Commissioning Group can monitor the use and effectiveness of the Pooled Fund; 5.13.4 ensuring that management arrangements and reporting for the Pooled Fund Budget comply with audit requirements; 5.14 the Pool Manager shall be responsible for managing the budget of the Pooled Fund and forecasting and reporting to the relevant Joint Commissioning arrangement upon the targets and information in accordance with the relevant Schedule. Any further targets or performance measures may be set from time to time. Reporting will include progress against the agreed service objectives plus information on actual or likely overspends and under-spends, this to include monthly reporting in the case of any variances of or in excess of plus or minus 1% of an agreed budget. 5.15 The Host Partner shall be responsible for any costs, in excess of the Pooled Fund at any time, where those costs were reasonably predictable, save for those costs incurred with the written agreement of the Partners in accordance with the Terms of this Agreement. Predictable costs are those costs incurred by the Host Partner where it would be reasonable to expect a competent commissioner to have foreseen the likelihood of such costs arising. 5.16 Where costs have been incurred in excess of those originally agreed by the Partners at the outset of the agreement or as subsequently agreed and those costs or expenses were not reasonably foreseeable, then the Partners shall agree to meet the additional expenditure in direct proportion of the fund expended on their statutory function.

Pooled Fund Arrangements. 5.1 The following Partners agree that this Clause 5 shall apply where Pooled Funds are to be used:used in respect of an Individual Service as allowed for in Part 2. 5.1 5.2 The Partners acknowledge that they are entering into the Pooled Fund Arrangements pursuant to section 75(2)(a) of the 2006 Act and Regulation 7 of the Regulations. The Partners hereby agree that with effect from the Commencement Date of the Pooled Fund Agreement they shall establish and thereafter during the Term period of this Agreement maintain a Pooled Fund for revenue expenditure on in respect of the relevant Individual Service (the "Pooled Fund Functions Functions") in accordance with the terms of this Agreement, the Partners being satisfied that the said Pooled Fund Functions are a combination of NHS Functions and Community Social Care Functions;. 5.2 5.3 The Partners agree to develop an annual Joint Strategy and Savings Plan. to ensure that there is transparency over the budgets, investments and savings in respect of the relevant pooled and aligned funds. 5.4 The Partners shall make contributions Contributions annually to each Pooled Fund. The contribution Contribution to each Pooled Fund of each Partner shall, for the first Financial Year of the Partnership Arrangements be as set out in the relevant Schedule of Part 2, and thereafter shall be determined in accordance with Clause 8 10 (Financial Contributions) of this agreement Agreement and with the relevant Schedule of this AgreementPart 2. The Partners may agree in writing that further services become included in the Pooled Fund Functions for meeting the needs of Eligible Service Users where the additional services meet the agreed joint Aims and Objectives of the Partners; 5.3 the proportions of the contributions made annually to a Pooled Fund by each Partner will determine the [proportionate/relative] levels of responsibility assumed by each Partner with respect to any elements of risk associated with those contributions; 5.4 the persons in respect of which the Pooled Fund Functions may be exercised shall be persons who meet the relevant Eligibility criteria as set out in the relevant schedule; 5.5 the agreed aims and outcomes of the Pooled Fund Arrangements shall be the Aims and the Objectives respectively; 5.6 the Host Partner for the purposes of the Regulations for each Pooled Fund shall be as set out in the relevant Schedule or where no Host Partner is identified for a Pooled Fund, the Partner which contributes the most to the Pooled Fund. The Host Partner will undertake to comply in all respects with the Regulations, the Guidance and any other relevant laws, regulations or guidance in the exercise of its functions as Host Partner; 5.7 the obligations of the Host Partner pursuant the Regulations shall be deemed to have been fulfilled if such reports returns and information as are referred to therein are submitted to the relevant Joint Commissioning Group by the Pooled Fund Manager in accordance with the timings set out in the Regulations; 5.8 the standing orders and standing financial instructions of the Host Partner as notified to the other Partner from time to time shall apply to the management of the Pooled Fund; 5.9 the Host Partner shall be responsible for establishing the necessary financial and administrative support to enable the effective efficient management and effective monitoring and audit of the Pooled Fund; The cost of administration and any associated costs of managing the Pooled fund shall be drawn from the Pooled Fund, such costs being agreed, as far as possible, in advance of the commencement of the agreement by the Partners. Such costs will be apportioned on a pro rata basis by the PartnersObjectives. 5.10 the Host Partner shall also be responsible for establishing appropriate accounting arrangements for any funds transferred by the other Partner to enable effective monitoring and audit, and to comply with all relevant NHS or local authority guidance, including without limitation those relating to the control environment assurance. 5.11 the Host Partner shall provide such information as deemed necessary by the Partners, the relevant Joint Commissioning group and the Joint Strategic Commissioning Board to enable such effective monitoring and reporting; 5.12 the Host Partner shall provide the other Partner with the necessary information it requires to meet their controls assurance requirements; 5.13 The function delegated from the Director of Adult Social Services (DASS) or the appropriate PCT counterpart, the Pool Fund Manager1 for the purposes of the 7(4) of the Regulations shall be the Pooled Fund Manager for each Individual Service and as such the Pooled Fund Manager will be responsible for: 5.13.1 effectively and efficiently managing the Pooled Fund on behalf of the Partners; 5.13.2 authorising payments from the Pooled Fund in accordance with the Pooled Fund Functions and Service Description, as set out in the relevant Schedules; 5.13.3 submitting quarterly reports and annual returns on the relevant Pooled Fund in accordance with the Guidance and the Regulations and setting out in detail the income and expenditure from the Pooled Fund and other information by which the Joint Commissioning Group can monitor the use and effectiveness of the Pooled Fund; 5.13.4 ensuring that management arrangements and reporting for the Pooled Fund Budget comply with audit requirements; 5.14 the Pool Manager shall be responsible for managing the budget of the Pooled Fund and forecasting and reporting to the relevant Joint Commissioning arrangement upon the targets and information in accordance with the relevant Schedule. Any further targets or performance measures may be set from time to time. Reporting will include progress against the agreed service objectives plus information on actual or likely overspends and under-spends, this to include monthly reporting in the case of any variances of or in excess of plus or minus 1% of an agreed budget. 5.15 The Host Partner shall be responsible for any costs, in excess of the Pooled Fund at any time, where those costs were reasonably predictable, save for those costs incurred with the written agreement of the Partners in accordance with the Terms of this Agreement. Predictable costs are those costs incurred by the Host Partner where it would be reasonable to expect a competent commissioner to have foreseen the likelihood of such costs arising. 5.16 Where costs have been incurred in excess of those originally agreed by the Partners at the outset of the agreement or as subsequently agreed and those costs or expenses were not reasonably foreseeable, then the Partners shall agree to meet the additional expenditure in direct proportion of the fund expended on their statutory function.