NHS EAST LANCASHIRE CLINICAL COMMISSIONING GROUP CONSTITUTION

Transcription

1 NHS EAST LANCASHIRE CLINICAL COMMISSIONING GROUP CONSTITUTION Version 6 Working with People and Communities to live happier and healthier lives

2 TABLE OF CONTENTS 1. INTRODUCTION AND COMMENCEMENT Name Statutory Framework Status of this Constitution Amendment and Variation of this Constitution AREA COVERED MEMBERSHIP Membership of the Clinical Commissioning Group Eligibility MISSION, VALUES AND AIMS Mission, Values and Aims Principles of Good Governance Accountability Protected Disclosure FUNCTIONS AND GENERAL DUTIES Functions General Duties - The Group will: Public Involvement General Financial Duties The Group will Arrangements by the Group to comply with its functions The Group shall exercise the functions set out in Part 5 of this Constitution by: Other Relevant Regulations, Directions and Documents DECISION MAKING: THE GOVERNING STRUCTURE Authority to act Scheme of Reservation and Delegation General The Council of Members Joint Arrangements Joint Commissioning Arrangements Joint commissioning arrangements with other Clinical Commissioning Groups Joint commissioning arrangements with NHS England for the exercise of CCG functions Joint commissioning arrangements with NHS England for the exercise of NHS England s functions The and Sub Committees Functions Composition of the Committees of the (A) Audit Committee (B) Remuneration Committee (C) Pennine Lancashire Quality Committee (D) Five Locality Commissioning Groups Burnley Locality Commissioning Group Hyndburn Locality Commissioning Group Pendle Locality Commissioning Group Rossendale Locality Commissioning Group Ribblesdale Locality Commissioning Group (E) Primary Care Committee (F) Patient Partners Board (G) Sustainability Committee ROLES AND RESPONSIBILITIES Member Representatives Other GP and Primary Care Health Professionals All Members of the Group s

3 7.4 The Chair of the The Deputy Chair of the Lay Member with a Lead role in Overseeing Key elements of Governance Lay Member with a Lead in Championing Patient and Public Involvement Lay Member with a Lead in Championing Equality & Inclusion (non-voting) GP Locality Clinical Lead (5 posts one for each locality) Clinical Director (2 posts) Role of the Accountable Officer Role of the Chief Finance Officer Role of Director of Quality and Chief Nurse Director of Performance and Delivery Director of Corporate Business Secondary Care Doctor Joint Appointments with other Organisations Indemnity STANDARDS OF BUSINESS CONDUCT AND MANAGING CONFLICTS OF INTEREST Standards of Business Conduct Conflicts of Interest Declaring and Registering Interests Managing Conflicts of interest: general Managing Conflicts of Interest: contractors and people who provide services to the Group Managing Conflicts of Interest: commissioning of primary medical services Transparency in Procuring Services THE GROUP AS EMPLOYER TRANSPARENCY, WAYS OF WORKING AND STANDING ORDERS General Standing Orders APPENDIX A: DEFINITIONS OF KEY DESCRIPTIONS USED IN THIS CONSTITUTION B: LIST OF MEMBER PRACTICES C: NOLAN PRINCIPLES D: THE SEVEN KEY PRINCIPLES OF THE NHS CONSTITUTION E: LOCALITY ACCOUNTABILITY AGREEMENTS F: STANDING ORDERS G: (a) SCHEME OF RESERVATION & DELEGATION G: (b) RESERVATION AND DELEGATION SCHEDULE G: (c) DELEGATED FINANCIAL LIMITS H: PRIME FINANCIAL POLICIES

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5 1. INTRODUCTION AND COMMENCEMENT 1.1 Name The name of this clinical commissioning group is NHS East Lancashire Clinical Commissioning Group (the Group ). 1.2 Statutory Framework The Group is established under the Health and Social Care Act 2012 ( the 2012 Act ).It is a statutory body which has the function of commissioning services for the purposes of the health service in England. It is an NHS body for the purposes of the National Health Service Act 2006 ( the 2006 Act ). The duties of the Group to commission certain health services are set out in section 3 of the 2006 Act, as amended by section 13 of the 2012 Act, and the regulations made under that provision The NHS Commissioning Board (hereafter referred to as NHS England) undertakes an annual assessment of the Group. It has powers to intervene in the Group where it is satisfied that the Group is failing or has failed to discharge any of its functions or that there is a significant risk that it will fail to do so The Group is a clinically led membership organisation made up of general practices. The members of the Group are responsible for determining the governing arrangements for their organisation, which they are required to set out in a constitution. 1.3 Status of this Constitution This constitution is made between the members of the Group and has effect from 18 th day of January 2013, when NHS England established the Group. The constitution is published on the Group s website at This document is also available upon request for inspection at the Group s headquarters:- NHS East Lancashire CCG Walshaw House Regent Street Nelson Lancashire BB9 8QS Upon application either by post (to the above address) or by further details are available on the Group s website. 1.4 Amendment and Variation of this Constitution This constitution can only be varied in two circumstances. a. Where the Group applies to NHS England and that application is granted; b. Where in the circumstances set out in legislation NHS England varies the Group s constitution other than on application by the Group. 4

6 2. AREA COVERED 2.1 The geographical area covered by NHS East Lancashire Clinical Commissioning Group is the Lancashire Boroughs of:- Burnley, Hyndburn, Pendle, Rossendale and Ribble Valley (excluding Longridge Patients registered at Berry Lane Medical Centre, Longridge and The Stonebridge Surgery, Longridge) 2.2 The following map shows the geographical areas covered by the Group. Each Member Practice is identified. 5

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8 Key to Map Burnley 1. Kiddrow Medical Practice 2. Briercliffe Surgery 3. Burnley Wood Medical Centre 4. St Nicholas Group Practice 5. Yorkshire Street Practice 6. Ightenhill Medical Centre 7. Colne Road Surgery 8. Daneshouse Medical Centre 9. Oxford Road, Medical Practice 10. Parkside Surgery 11. Padiham Group Practice 12. Thursby Surgery 13. Rosegrove Surgery 14. Riverside Family Practice 15. Rosehill Surgery 16. Manchester Road Surgery 17. Fairmore Medical Practice Pendle 35. Barrowford Surgery 36. Barnoldswick Medical Practice 37. ELMS Brierfield Health Centre 38. Richmond Hill Group Practice 39. Reedyford Health Care Group 40. ELMS Horsfield Practice 41. Pendle View Medical Centre 42. Dr Jehangir s Practice 43. Whitefield Health Care 44. Nelson Medical Practice 45. Colne Family Doctors Surgery 46. Harambee Surgery 47. ELMS - Pendle Valley Mill Practice 48. The Pendle Medical Partnership: Colne Corner Surgery 49. The Pendle Medical Partnership: Earby Practice Hyndburn 18. Clayton Medical Centre 19. Dill Hall Surgery 20. Blackburn Road Medical Centre 21. Abbey Surgery 22. Myrtle House Medical Practice 23. Peel House Medical Centre 24. Higher Heys Surgery 25. Oswald Medical Centre, 26. The Cabin Surgery 27. Rishton & Great Harwood Surgery 28. Great Harwood Medical Group 29. King Street Medical Centre 30. The Royle 31. Richmond Medical 32. ELMS - Eagle Medical Practice 33. Dr Bello s Practice 34. Accrington Victoria Health Access Centre Rossendale 50. St James Medical Centre 51. Irwell Medical Practice 52. Whitworth Medical Centre 53. Dr MacKenzie & Partners 54. Ilex View Medical Practice 55. Waterfoot Group of Doctors 56. Dr Moujaes & Dr Mannan 57. Rossendale Valley Medical Practice 58. Fairmore Medical Practice Ribblesdale 59. Sabden & Whalley Medical Group 60. Pendleside Medical Practice 61. Castle Medical Group 62. Slaidburn Country Practice 7

9 3. MEMBERSHIP 3.1 Membership of the Clinical Commissioning Group Appendix B to this constitution contains a list of the Members of the Group. Signatures of the Member Representatives confirming their agreement to this constitution are held by the group under its constitutional governance arrangements. 3.2 Eligibility Providers of primary medical services to a registered list of patients under a General Medical Services, Personal Medical Services or Alternative Provider Medical Services contract, will be eligible to apply for membership of this Group Subject to the agreement of NHS England, a member will cease to be a member of the Group if it ceases to meet the eligibility criteria set out in Paragraph

10 4. MISSION, VALUES AND AIMS 4.1 Mission, Values and Aims The Group shall publish a statement setting out its mission, values and aims in its Annual Commissioning Plan ( Statement of Mission, Values and Aims ) The shall review the Statement of Mission, Values and Aims each year, as part of the process of producing the commissioning plan for the following year, and shall decide whether any changes are appropriate A copy of the Group s Statement of Mission, Value and Aims shall be published on its website The Group will promote good governance and proper stewardship of public resources in pursuance of its goals and in meeting its statutory duties Good corporate governance arrangements are critical to achieving the Group s objectives. 4.2 Principles of Good Governance In accordance with section 14L (2) (b) of the 2006 Act, the Group will at all times observe such generally accepted principles of good governance in the way it conducts its business. These include: a) The highest standards of propriety involving impartiality, integrity and objectivity in relation to the stewardship of public funds, the management of the organisation and the conduct of its business; b) The Good Governance Standard for Public Services; c) the standards of behaviour published by the Committee on Standards in Public Life (1995) known as the Nolan Principles d) The seven key principles of the NHS Constitution; e) The Equality Act f) Standards for Members of NHS Boards and Bodies in England 4.3 Accountability The Group will demonstrate its accountability to its members, local people, stakeholders and NHS England in a number of ways, including by: a) Publishing its constitution; b) Appointing independent lay members and non GP clinicians to its ; c) Holding meetings of its in public (except where the Group considers that it would not be in the public interest in relation to all or part of a meeting); d) Publishing annually a commissioning plan; 9

11 e) Complying with local authority health overview and scrutiny requirements; f) Meeting annually in public to publish and present its annual report (which must be published); g) Producing annual accounts in respect of each financial year which must be externally audited; h) Having a published and clear complaints process; i) Complying with the Freedom of Information Act 2000; j) Providing information to NHS England as required In addition to these statutory requirements, the Group will demonstrate its accountability by: a) Publishing its principal commissioning and operational policies e.g. Funding Exceptional Cases Policy b) Holding engagement events The of the Group will throughout each year have an ongoing role in reviewing the Group s governance arrangements to ensure that the Group continues to reflect the principles of good governance. 4.4 Protected Disclosure The group recognises and confirms that nothing in or referred to in this constitution (including in relation to the issue of any press release or other public statement or disclosure) will prevent or inhibit the making of any protected disclosure (as defined in the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998) by any member of the group, any member of its governing body, any member of any of its committees or subcommittees or the committees or sub-committees of its governing body, or any employee of the group or of any of its members, nor will it affect the rights of any worker (as defined in that Act) under that Act. 10

12 5. FUNCTIONS AND GENERAL DUTIES 5.1 Functions The Group s functions include: a) Commissioning certain health services (where NHS England is not under a duty to do so) that meet the reasonable needs of: i) All people registered with member GP practices, and ii) People who are usually resident within the area and are not registered with a member of any clinical commissioning group; b) Commissioning emergency care for anyone present in the Group s area; c) Paying its employees remuneration, fees and allowances in accordance with the determinations made by its and determining any other terms and conditions of service of the Group s employees; d) Determining the remuneration and travelling or other allowances of members of its In discharging its functions the Group will: e) Act, when exercising its functions to commission health services, consistently with the discharge by the Secretary of State and NHS England of their duty to promote a comprehensive health service and with the objectives and requirements placed on NHS England through the mandate published by the Secretary of State before the start of each financial year; f) meet the public sector equality duty; and g) work in partnership with its local authorities to develop joint strategic needs assessments and joint health and wellbeing strategies 5.2 General Duties - The Group will: Promote awareness of, and act with a view to ensuring that health services are provided in a way that promotes awareness of, and due regard to the NHS Constitution; Act effectively, efficiently and economically; Act with a view to securing continuous improvement to the quality of services; Assist and support NHS England in relation to the Board s duty to improve the quality of primary medical services; 11

13 5.2.5 Have regard to the need to reduce inequalities; Promote the involvement of patients, their careers and representatives in decisions about their healthcare; Act with a view to enabling patients to make choices; Obtain appropriate advice from persons who, taken together, have a broad range of professional expertise in healthcare and public health; Promote innovation; Promote research and the use of research; Have regard to the need to promote education and training for persons who are employed, or who are considering becoming employed, in an activity which involves or is connected with the provision of services as part of the health service in England so as to assist the Secretary of State for Health in the discharge of his related duty; Act with a view to promoting integration of both health services with other health services and health services with health-related and social care services where the group considers that this would improve the quality of services or reduce inequalities; Provide strategic overview to ensure procurement obligations are met throughout the procurement process; 5.3 Public Involvement The Group will: Make arrangements to secure public involvement in the planning, development and consideration of proposals for changes and decisions affecting the operation of commissioning arrangements Follow the principles set out below in implementing its arrangements to comply with its duty to secure public involvement: a) Working in partnership with patients and the local community to secure the best care for them; b) Adapting engagement activities to meet the specific needs of different patient groups and communities; c) Publishing information about health services on the Group s website and through other media; d) Encouraging and acting on feedback; e) Engage with the Local Medical Committee as statutory representatives of the General Practitioner Profession locally The Group shall monitor its compliance against this statement of principles. 5.4 General Financial Duties The Group will Ensure its expenditure does not exceed the aggregate of its allotments for the financial year 12

14 5.4.2 Ensure its use of resources (both its capital resource use and revenue resource use) does not exceed the amount specified by NHS England for the financial year Take account of any directions issued by NHS England, in respect of specified types of resource use in a financial year, to ensure the Group does not exceed an amount specified by NHS England ; Publish an explanation of how the Group spent any payment in respect of quality made to it by NHS England 5.5 Arrangements by the Group to comply with its functions The Group shall exercise the functions set out in Part 5 of this Constitution by: Delegating responsibility for their performance to the, its committees and subcommittees which shall act in accordance with this Constitution, the Standing Orders and the Scheme of Delegation and Reservation; Acting in accordance with the Group s Statement of Policy for Compliance with General, Financial, Partnership Working and Public Sector Equality Duties that the will adopt, keep under review and update for the Group; and Monitoring delivery of the duties through the Group s reporting mechanisms. 5.6 Other Relevant Regulations, Directions and Documents The Group will: a. Comply with all relevant regulations; b. Comply with directions issued by the Secretary of State for Health or NHS England; and c. Take account, as appropriate, of documents issued by NHS England The Group will develop and implement the necessary systems and processes to comply with these regulations and directions, documenting them as necessary in this constitution, its scheme of reservation and delegation and other relevant Group policies and procedures. 13

15 6. DECISION MAKING: THE GOVERNING STRUCTURE 6.1 Authority to act The Group is accountable for exercising its statutory functions. It may grant authority to act on its behalf to: a. Any of its members; b. Its ; c. Employees; d. A committee or sub-committee of the Group The extent of the authority to act of the respective bodies and individuals depends on the powers delegated to them by the Group as expressed through: a. The Group s scheme of reservation and delegation; and b. For committees, their terms of reference. 6.2 Scheme of Reservation and Delegation The Group s scheme of reservation and delegation sets out: a. Those decisions that are reserved for the membership as a whole, acting through the Council of Members; b. Those decisions that are the responsibilities of its (and its committees and sub-committees), the Group s committees and sub-committees, individual members and employees The Group remains accountable for all of its functions, including those that it has delegated. 6.3 General In discharging functions of the Group that have been delegated to them, its (and its committees and sub-committees), committees, joint committees, sub committees and individuals must: a. Comply with the Group s Constitution, including the Group s principles of good governance b. Operate in accordance with the Group s scheme of reservation and delegation, c. Comply with the Group s standing orders, d. Comply with the Group s arrangements for discharging its statutory duties as set out in Chapter 5, e. Where appropriate, ensure that member practices have had the opportunity to contribute to the Group s decision making process When discharging their delegated functions, committees, sub committees and joint committees must also operate in accordance with their approved terms of reference. 14

16 6.3.3 Where delegated responsibilities are being discharged collaboratively, the joint (collaborative) arrangements must: a. Identify the roles and responsibilities of those clinical commissioning groups who are working together; b. Identify any pooled budgets and how these will be managed and reported in annual accounts; c. Specify under which clinical commissioning group s scheme of reservation and delegation and supporting policies the collaborative working arrangements will operate; d. Specify how the risks associated with the collaborative working arrangement will be managed between the respective parties; e. Identify how disputes will be resolved and the steps required to terminate the working arrangements f. Specify how decisions are communicated to the collaborative partners. 6.4 The Council of Members The Council of Members shall comprise the Member Representatives from time to time The members of the may attend any meeting of the Council of Members but they shall not have the right to vote at such meetings The Council of Members shall regulate their proceedings in accordance with the Standing Orders The Council of Members shall meet at least once per annum The Group may on or at any time after its establishment appoint such other committees as it considers may be appropriate A committee of the Group may consist of or include persons other than members or employees of the Group Committees will only be able to establish their own sub-committees, to assist them in discharging their respective responsibilities, if this responsibility has been delegated to them by the group or the committee they are accountable to All decisions taken in good faith at a meeting of any committee or sub-committee shall be valid even if there is any vacancy in its membership or it is discovered subsequently that there was a defect in the calling of the meeting, or the appointment of a member attending the meeting An individual shall be ineligible for appointment to or shall otherwise be disqualified from membership of a committee or sub-committee if is he or she is a person who is disqualified from membership of a clinical commissioning group s under Schedule 5 of the National Health Service (Clinical Commissioning Groups) Regulations 2012 ( CCG Regulations ). 15

17 6.5 Joint Arrangements The Group may enter into joint arrangements with one or more other clinical commissioning groups as it considers appropriate The Group may establish a joint committee with one or more local authorities as it considers appropriate. 6.6 Joint Commissioning Arrangements The CCG may wish to work together with other CCGs and/or NHS England in the exercise of its commissioning functions. This could include: joint commissioning arrangements with other CCGs joint commissioning arrangements with NHS England in relation to CCG functions joint commissioning arrangements with NHS England in relation to NHS England functions Joint commissioning arrangements with other Clinical Commissioning Groups The clinical commissioning group (CCG) may wish to work together with other CCGs in the exercise of its commissioning functions The CCG may make arrangements with one or more CCG in respect of: Delegating any of the CCG s commissioning functions to another CCG; Exercising any of the commissioning functions of another CCG; or Exercising jointly the commissioning functions of the CCG and another CCG For the purposes of the arrangements described at paragraph 6.6.1, the CCG may: Make payments to another CCG; Receive payments from another CCG; Make the services of its employees or any other resources available to another CCG; or Receive the services of the employees or the resources available to another CCG Where the CCG makes arrangements which involve all the CCGs exercising any of their commissioning functions jointly, a joint committee may be established to exercise those functions For the purposes of the arrangements described at paragraph above, the CCG may establish and maintain a pooled fund made up of contributions by any of the CCGs working together pursuant to paragraph above. Any such pooled fund may be used to make payments towards expenditure incurred in the discharge of any of the commissioning functions in respect of which the arrangements are made Where the CCG makes arrangements with another CCG as described at paragraph above, the CCG shall develop and agree with that CCG an agreement setting out the arrangements for joint working, including details of: How the parties will work together to carry out their commissioning functions; 16

18 The duties and responsibilities of the parties; How risk will be managed and apportioned between the parties; Financial arrangements, including, if applicable, payments towards a pooled fund and management of that fund; Contributions from the parties, including details around assets, employees and equipment to be used under the joint working arrangements The liability of the CCG to carry out its functions will not be affected where the CCG enters into arrangements pursuant to paragraph 6.6.1above The CCG will act in accordance with any further guidance issued by NHS England on cocommissioning Only arrangements that are safe and in the interests of patients registered with member practices will be approved by the governing body The governing body of the CCG shall require, in all joint commissioning arrangements that the lead clinician and lead manager of the lead CCG make a quarterly written report to the governing body and hold at least annual engagement events to review aims, objectives, strategy and progress and publish an annual report on progress made against objectives Should a joint commissioning arrangement prove to be unsatisfactory the governing body of the CCG can decide to withdraw from the arrangement, but has to give six months notice to partners, with new arrangements starting from the beginning of the next new financial year Joint commissioning arrangements with NHS England for the exercise of CCG functions The CCG may wish to work together with NHS England in the exercise of its commissioning functions The CCG and NHS England may make arrangements to exercise any of the CCG s commissioning functions jointly The arrangements referred to in paragraph above may include other CCGs Where joint commissioning arrangements pursuant to above are entered into, the parties may establish a joint committee to exercise the commissioning functions in question Arrangements made pursuant to above may be on such terms and conditions (including terms as to payment) as may be agreed between NHS England and the CCG Where the CCG makes arrangements with NHS England (and another CCG if relevant) as described at paragraph above, the CCG shall develop and agree with NHS England a framework setting out the arrangements for joint working, including details of: How the parties will work together to carry out their commissioning functions; The duties and responsibilities of the parties; How risk will be managed and apportioned between the parties; Financial arrangements, including, if applicable, payments towards a pooled fund and management of that fund; 17

19 Contributions from the parties, including details around assets, employees and equipment to be used under the joint working arrangements; and The liability of the CCG to carry out its functions will not be affected where the CCG enters into arrangements pursuant to paragraph above The CCG will act in accordance with any further guidance issued by NHS England on cocommissioning Only arrangements that are safe and in the interests of patients registered with member practices will be approved by the governing body The governing body of the CCG shall require, in all joint commissioning arrangements that the lead clinician and lead manager of the lead CCG of the CCG make a quarterly written report to the governing body and hold at least annual engagement events to review aims, objectives, strategy and progress and publish an annual report on progress made against objectives Should a joint commissioning arrangement prove to be unsatisfactory the governing body of the CCG can decide to withdraw from the arrangement, but has to give six months notice to partners, with new arrangements starting from the beginning of the next new financial year after the expiration of the six months notice period Joint commissioning arrangements with NHS England for the exercise of NHS England s functions The CCG may wish to work with NHS England and, where applicable, other CCGs, to exercise specified NHS England functions The CCG may enter into arrangements with NHS England and, where applicable, other CCGs to: Exercise such functions as specified by NHS England under delegated arrangements; Jointly exercise such functions as specified with NHS England Where arrangements are made for the CCG and, where applicable, other CCGs to exercise functions jointly with NHS England a joint committee may be established to exercise the functions in question Arrangements made between NHS England and the CCG may be on such terms and conditions (including terms as to payment) as may be agreed between the parties For the purposes of the arrangements described at paragraph above, NHS England and the CCG may establish and maintain a pooled fund made up of contributions by the parties working together. Any such pooled fund may be used to make payments towards expenditure incurred in the discharge of any of the commissioning functions in respect of which the arrangements are made Where the CCG enters into arrangements with NHS England as described at paragraph above, the parties will develop and agree a framework setting out the arrangements for joint working, including details of: How the parties will work together to carry out their commissioning functions; 18

20 The duties and responsibilities of the parties; How risk will be managed and apportioned between the parties; Financial arrangements, including payments towards a pooled fund and management of that fund; Contributions from the parties, including details around assets, employees and equipment to be used under the joint working arrangements The liability of NHS England to carry out its functions will not be affected where it and the CCG enter into arrangements pursuant to paragraph above The CCG will act in accordance with any further guidance issued by NHS England on cocommissioning Only arrangements that are safe and in the interests of patients registered with member practices will be approved by the governing body The governing body of the CCG shall require, in all joint commissioning arrangements that the lead clinician and lead manager of the lead CCG of the CCG make a quarterly written report to the governing body and hold at least annual engagement events to review aims, objectives, strategy and progress and publish an annual report on progress made against objectives Should a joint commissioning arrangement prove to be unsatisfactory the governing body of the CCG can decide to withdraw from the arrangement, but has to give six months notice to partners, with new arrangements starting from the beginning of the next new financial year after the expiration of the six months notice period. 6.7 The and Sub Committees Functions - the has the following functions conferred on it by sections 14L(2) and (3) of the 2006 Act, inserted by section 25 the 2012 Act, together with any other functions connected with its main functions as may be specified in regulations or in this constitution. The may also have functions of the Group delegated to it by the Group. The s functions include: a. Ensuring that the Group has appropriate arrangements in place to exercise its functions effectively, efficiently and economically and in accordance with the Group s principles of good governance (its main function); b. Determining the remuneration, fees and other allowances payable to employees or other persons providing services to the Group and the allowances payable under any pension scheme it may establish under paragraph 11(4) of Schedule 1A of the 2006 Act, inserted by Schedule 2 of the 2012 Act; Subject to the 2006 Act, the shall perform or delegate all those functions of the Group which have not been delegated to: a. Any committee of sub-committee of the Group; b. Any Member of the Group; or c. Any employee of the Group; Under this Constitution or otherwise. 19

21 6.7.2 Composition of the - the shall comprises of: a. The Chair; b. Five (5) representatives of member practices who shall be called GP Locality Clinical Leads ; c. Two (2) Voting Lay members: i. One to champion audit, remuneration and conflict of interest matters, ii. One to champion patient and public participation matters; One non-voting Lay Member: iii. To champion equality and Inclusion d. The Director of Quality and Chief Nurse e. One (1) Secondary Care Specialist Doctor; f. The Accountable Officer who shall be called the Chief Officer ; g. The Chief Finance Officer; h. The Director of Performance and Delivery i. The Director of Corporate Business (non-voting) j. Two (2) Clinical Directors: i. One to lead on Performance Improvement and Delivery of System level Transformation ii. One to lead on Primary Care Development and delivery of new models of care The may invite such other person(s) to attend all or any of its meetings, or part(s) of a meeting, in order to assist in its decision-making and in its discharge of its functions as it sees fit. Any such person may speak and participate in debate, but may not vote Committees of the - the shall appoint the following committees and sub-committees: (A) Audit Committee Accountable to the Group s, provides the with an independent and objective view of the Group s financial systems, financial information and compliance with laws, regulations and directions governing the Group in so far as they relate to finance. The has approved and keeps under review the terms of reference for the audit committee, which includes information on the membership of the audit committee In addition the shall confer or delegate the following functions, connected with the s main function to its audit committee: i. Risk To review the organisation s risk management arrangements, systems and processes ii. iii. iv. Internal Control and Corporate Governance To review the framework of internal control and corporate governance & review the systems of financial control Internal Audit To review and approve the Internal Audit Strategic and Annual Plans External Audit To review the Annual Planning Memorandum including the Performance Audit programme 20

22 v. Code of Corporate Governance To review the Code of Corporate Governance which includes Standing Orders, Schemes of Reservation and Delegation, Standing Financial Instructions and recommend amendments to the vi. vii. Annual Accounts To review the Annual Report for the Best Value (VFM) To review those aspects of the Best Value Work plan (B) Remuneration Committee Accountable to the Group s makes recommendations to the on determinations about the remuneration, fees and other allowances for employees and for people who provide services to the Group and on determinations about allowances under any pension scheme that the Group may establish as an alternative to the NHS pension scheme. The has approved and keeps under review the terms of reference for the remuneration committee, which includes information on the membership of the remuneration committee (C) Pennine Lancashire Quality Committee This is a Joint committee accountable to both Blackburn with Darwen and East Lancashire CCG Bodies. This committee has responsibility for all quality and safety issues for the organisations. The Bodies have approved and keeps under review the terms of reference for the Pennine Lancashire Committee, which includes information on the membership of the Committee. (D) Five Locality Commissioning Groups Five Locality Commissioning Groups, each of which is accountable to the Group s. Each Locality Commissioning Group is aligned with a specific geographical area (East Lancashire Borough). These committees enable the discussion, at a locality level, of a wide range of health related issues. Each locality has patient representation together with both lower and upper tier local government representation. The has approved and keeps under review the terms of reference for each Locality Commissioning Group, which includes information on the membership of the relevant Locality Commissioning Group. The five Locality Commissioning Groups are:- Burnley Locality Commissioning Group Hyndburn Locality Commissioning Group Pendle Locality Commissioning Group Rossendale Locality Commissioning Group Ribblesdale Locality Commissioning Group In addition the shall confer or delegate the following functions, connected with the s main function, to its Locality Commissioning Groups: i. Discuss Commissioning Issues at a Locality or wider level ii. Identify commissioning intentions 21

23 iii. iv. Review the JSNA and other public health related intelligence Make recommendations to the Sustainability Committee and/or the on commissioning issues as requested. (E) Primary Care Committee NHS England has delegated the exercise of certain specific primary care functions to the CCG and this committee is established as a sub-committee of the CCG s. The functions of the committee are undertaken to promote increased co-commissioning to increase quality, efficiency, productivity and value for money. The role of the committee shall be to carry out the functions relating to the commissioning of primary medical services under section 83 of the NHS Act. This includes: GMS, PMS and APMS contracts (including the design of PMS and APMS contracts, monitoring of contracts, taking contractual action such as issuing branch/remedial notices, and removing a contract); Newly designed enhanced services ( Local Enhanced Services and Directed Enhanced Services ); Design of local incentive schemes as an alternative to the Quality Outcomes Framework (QOF); Decision making on whether to establish new GP practices in an area; Approving practice mergers; and Making decisions on discretionary payment (e.g., returner/retainer schemes). (F) Patient Partners Board Whilst not a formal committee with any formally delegated functions, the Patient Partners Board s main focus is to provide strategic oversight of CCG patient engagement and involvement and to act as an advisory Board to the CCG The patient partner s board will: Provide a forum to discuss strategic engagement and involvement issues and possible solutions to feed into the East Lancashire Clinical Commissioning Group (ELCCG) commissioning process Receive and consider reports from the Chairs of each Locality Patient Network Consider commissioning intentions and plans to support the engagement and involvement of patients Consider feedback and any issues that arise from patient feedback in localities or more generally across East Lancashire be an advocate for Patient and Public Involvement (PPI) and related service improvements throughout ELCCG commissioned services for local people 22

24 (G) Sustainability Committee Accountable to the, the chief function of the Sustainability Committee is to provide assurance to the on the CCG s financial position and progress against targets, including the Better Care Fund and QIPP. The committee will monitor income and expenditure and oversee the planning and approval of funds for investment. The Committee will ensure that plans clearly demonstrate where and how the CCG is working with local economy partners to meet the Pennine Lancashire and BCF sustainability (QIPP) targets The may appoint such other committees as it considers may be appropriate The Audit Committee may include individuals who are not members of the. Other committees of the may include individuals who are not members of the but who are: a. Members, officers, or employees of the Group or another clinical commissioning group; b. Members of the governing body of another clinical commissioning group; c. Lay persons who are age 18 or over, reside within the Area and are not disqualified from being a member of the under Schedule 5 of the CCG Regulations; d. Officers of NHS England Each such committee shall regulate its proceedings in accordance with its terms of reference Committees will only be able to establish their own sub-committees, to assist them in discharging their respective responsibilities, if this responsibility has been delegated to them by the or the committee they are accountable to All decisions taken in good faith at a meeting of the or any committee or subcommittee of it shall be valid even if there is any vacancy in its membership or it is discovered subsequently that there was a defect in the calling of the meeting, or the appointment of a member attending the meeting Copies of Terms of Reference for the and sub committees available to view at upon request at NHS East Lancashire CCG headquarters:- c/o Chief Officer NHS East Lancashire CCG Walshaw House Regent Street Nelson Lancashire BB9 8QS Upon application either by post (to the above address) or by - further details are available on the Group s website. 7. ROLES AND RESPONSIBILITIES 7.1 Member Representatives 23

25 7.1.1 Each Member Representative represents the view of the practice that has appointed him/ her and acts on behalf of that practice in matters relating to the Group. a. Each Member shall be required to nominate a representative of that Member who is a GP partner, a salaried GP or another healthcare professional in the nominating Member s Practice. Each Member shall notify the of the name of its Member Representative in writing. Each Member may remove and replace their Member Representative at any time and from time to time, by notice in writing to the. b. Each Member Representative shall represent the Member that has appointed it at meetings of the Council of Members in accordance with the Group s Standing Orders. c. Each Member authorises their Member Representative to receive notice of, attend and vote at any meetings of the Council of Members (whether an AGM or a General Meeting of the Council of Members), whether on a show of hands or on a poll d. The Group (including the ) shall be entitled to treat any Member Representative as having the continuing authority given to him under Paragraph a) of the Constitution until it is notified of the removal of that Member Representative in writing (notice shall be given to the or an individual nominated by ) and any provision of this Constitution that requires delivery or notification to a Member shall be deemed to have been satisfied if delivery or notification is made to or served on the Member Representative. 7.2 Other GP and Primary Care Health Professionals In addition to the Member Representatives identified in section 7.1 above, the Group may identify other GPs / primary care health professionals from member practices to either support the work of the Group and / or represent the Group rather than represent their own individual practices. 7.3 All Members of the Group s Guidance on the roles of members of the Group s is set out in a separate document - Clinical commissioning group governing body members Role outlines attributes and skills, NHS England, October In summary, each member of the should share responsibility as part of a team to ensure that the Group exercises its functions effectively, efficiently and economically, with good governance and in accordance with the terms of this constitution. Each brings their unique perspective, informed by their expertise and experience. 7.4 The Chair of the The responsibilities of the Chair of the include: a. Leading the, ensuring it remains continuously able to discharge its duties and responsibilities as set out in this constitution; b. Building and developing the Group s and its individual members; 24

26 c. Ensuring that the Group has proper constitutional and governance arrangements in place; d. Ensuring that, through the appropriate support, information and evidence, the is able to discharge its duties; e. Supporting the Chief Officer in discharging the responsibilities of the organisation; f. Contributing to building a shared vision of the aims, values and culture of the organisation; g. Leading and influencing to achieve clinical and organisational change to enable the Group to deliver its commissioning responsibilities; h. Overseeing governance and particularly ensuring that the and the wider Group behaves with the utmost transparency and responsiveness at all times; i. Ensuring that public and patients views are heard and their expectations understood and, where appropriate as far as possible, met; j. Ensuring that the organisation is able to account to its local patients, stakeholders and NHS England; k. Ensuring that the Group builds and maintains effective relationships, particularly with the individuals involved in overview and scrutiny from the relevant local authorities. 7.5 The Deputy Chair of the The Deputy Chair of the deputises for the chair of the when he or she has a potential conflict of interest or is otherwise unable to act The Deputy Chair shall be appointed by the other members and may be the lay member that is not the Chair of the. 7.6 Lay Member with a Lead role in Overseeing Key elements of Governance The Lay Member for Governance is a member of the and their focus will be strategic and impartial, providing an external view of the work of the CCG that is removed from the day-to-day running of the organisation The Lay Member for Governance will oversee key elements of governance including audit, remuneration and managing conflicts of interest. They will Chair the Audit Committee As Chair of the Audit Committee, this lay member would be precluded from being the Chair of the governing body and the Chair of the Primary Care Committee although they could be the Deputy Chair. This post will have a lead role in ensuring that the governing body and the wider CCG behaves with the utmost probity at all times The Lay Member for Governance will have a specific role in ensuring that appropriate and effective whistle blowing and anti-fraud systems are in place. 7.7 Lay Member with a Lead in Championing Patient and Public Involvement 25

27 7.7.1 The Lay Member for Patient and Public Involvement is a member of the and their focus will be strategic and impartial, providing an external view of the work of the CCG that is removed from the day-to-day running of the organisation This role will help to ensure that, in all aspects of the CCG s business the public voice of the local population is heard and that opportunities are created and protected for patient and public empowerment in the work of the CCG. In particular, they will ensure that: a. public and patients views are heard and their expectations understood and met as appropriate; b. the CCG builds and maintains an effective relationship with Local Healthwatch and draws on existing patient and public engagement and involvement expertise; and c. The CCG has appropriate arrangements in place to secure public and patient involvement and responds in an effective and timely way to feedback and recommendations from patients, carers and the public. 7.8 Lay Member with a Lead in Championing Equality & Inclusion (non-voting) The Lay Member for Equality & Inclusion is a non-voting member of the and will bring specific expertise and experience, as well as their knowledge as a member of the local community, to the work of the governing body. Their focus will be strategic and impartial, providing an independent view of the work of the CCG that is removed from the day-to-day running of the organisation This person will be the ambassador for the CCG in its commitment to meeting the three aims of the Public Sector Equality Duty. In particular, they will ensure that the CCG: Effectively engages and involves local people in decision making, involving local people from protected groups in recruiting to CCG posts and working in partnership with citizens, local and county councils and other healthcare providers to work on improving health outcomes and eliminating health inequalities; Has appropriate arrangements in place to ensure that all the policies and practices implemented by the CCG have been informed by decisions based on equality analysis and assessment of outcomes that have identified if there are any effects on people; specifically with protected characteristics; within our community who may use our services or on the people we employ in line with the Equality Act GP Locality Clinical Lead (5 posts one for each locality) The Locality Clinical Leads are members of the and are responsible for the leadership and on-going development of the designated locality enabling: practices to be actively engaged and supported to ensure that two way communication and collaboration exists in line with the Clinical Commissioning Group Constitution The views and needs of the locality to be appropriately represented at the CCG Board; and Delivery of the ELCCG s Integrated Strategic Plan within localities 26