Effective from 01 April

Transcription

1 NHS East Berkshire Clinical Commissioning Group CONSTITUTION Version- Final Effective from 1 April

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3 Part Description 1. Introduction Name Statutory Framework Status of the Constitution Amendment and variation to the Constitution 3 2. Areas Covered 4 3. Membership Membership of the CCG Eligibility Termination of Membership 5 4. Vision, Values and Aims Vision Values Aims Governance Accountability 6 5. Functions and General Duties General financial duties Decision Making: The Governing Structure The Governing Body Authority to Act Functions of the Governing Body The Council of Members The CCG Employment responsibilities Members joining and leaving the CCG Standards of Business Conduct and Managing Conflict of Interest Employment, Remuneration and Expenses Joint Commissioning Arrangements with NHS England for the exercise of Clinical Commissioning Group functions 12.0 Delegated Commissioning Arrangements from NHS England for the exercise of NHS England s functions 13 Joint Commissioning Arrangements with other Clinical Commissioning Groups 14.0 Confidentiality Notices Duty to report non-compliance with standing orders and prime financial policies 17.0 Use of Seal and Authorisation of documents

4 Appendix Description Page A Definitions of Key Descriptions used in this Constitution 29 B The Geography map - Areas Bracknell, Windsor, Ascot, 31 Maidenhead and Slough C The Register of Members for Bracknell and Ascot Locality 34 D The Members of the Governing Body 39 E Standing Orders 47 F Prime Financial Policies 51 G Schedule of Matters Reserved to the CCG and Scheme of 77 Delegation & Financial Scheme Of Delegation H The Nolan Principles 95 I The Seven Key Principles of the NHS Constitution 96 J K The Committees: Functions, Membership & Meetings Remuneration Committee Audit Committee Primary Care Co-Commissioning Committee Conflict of Interest Policy 98 2

5 1.0 INTRODUCTION 1.1. Name The name of this clinical commissioning group is NHS East Berkshire Clinical Commissioning Group (the CCG ) Statutory Framework Clinical commissioning groups are established under the Health and Social Care Act 2012 ( the 2012 Act ). They are statutory bodies which have the function of commissioning services for the purposes of the health service in England and are treated as NHS bodies for the purposes of the National Health Service Act 2006 ( the 2006 Act ). The duties of clinical commissioning groups 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 Clinical commissioning groups are clinically led membership organisations made up of general practices. This constitution does not affect the governing arrangements of the individual member practices This Constitution sets out how the CCG will work with and on behalf of the local clinical community to enhance the health and wellbeing of the local population, and how it will fulfil its statutory duties The Members will keep under review the effectiveness of this Constitution and will amend it as necessary, with the approval of NHS England, to reflect Department of Health policy, relevant Regulations, Directions of the Secretary of State for Health and/or NHS England, and any guidance and requirements of authorisation stipulated by NHS England Status of the Constitution This constitution is made between the members of NHS East Berkshire CCG Clinical Commissioning Group and has effect from 1 April 2018, when the NHS Commissioning Board NHS England (hereafter referred to as NHS England) established the CCG. The constitution is published on the CCG s website Amendment and variation of this Constitution This constitution can only be varied in two circumstances. a) Where the CCG applies to NHS England and that application is granted; or b) Where in the circumstances set out in legislation NHS England varies the CCG s constitution other than on application by the CCG. 3

6 2.0 AREA COVERED 2.1. The geographical area covered by the CCG will be the Lower Layer Super Output Areas Windsor, Ascot, Maidenhead, Slough and Bracknell as set out in Appendix A (the Geography ) The map shows the geographical area of the CCG which is divided into three localities: Bracknell & Ascot Slough Windsor Ascot & Maidenhead 3.0 MEMBERSHIP 3.1. Membership of the CCG The practices which comprise of the Members of the CCG can be found in Appendix B together with the signatures of the practice representatives confirming their agreement to this constitution. 4

7 The Members participate in the work of the CCG through the Council of Members. Each Member has appointed an appropriately qualified and competent member of its practice to be its representative to the Council of Members The CCG will have three localities; each locality will elect three GP members of the Governing Body. One of them will be elected as the Clinical Chair by the the Council of members The Council of Members will meet at least annually. The members from each locality will meet at least quarterly The Council of Members will appoint, through selection and election, members of the Governing Body and will have the power to amend this Constitution pursuant to paragraph 1.25 (subject to the authorisation of NHS England). A complete list of matters reserved for the Council of Members is set out in paragraph and in the Scheme of Reservation and Delegation in Appendix G The CCG may extend membership to any other practice seeking membership via formal written request to the Governing Body, confirming that the practice is willing to abide by this Constitution. Such applications will be assessed on an ad hoc basis by the Governing Body; NHS England approval of the consequential variation to this Constitution will also be required 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 Termination of Membership A member practice ceases to be a member if: a) A member formally resigns from being a member of the CCG by giving at least six months written prior notice of their resignation to the Governing Body and that the written notice includes prior consent from NHS England. b) NHS England removes a member of the CCG in accordance with the Act. c) The practice merges with any other practice, unless that other practice is an existing member. d) If a member practice no longer holds a primary medical services contract Membership of the CCG is not transferable. 4.0 VISION, VALUES AND AIMS 4.1. Vision Working together to deliver excellent and sustainable healthcare Values 5

8 The CCG s values are: We work openly and honestly and our actions are transparent We listen, respect and care for our patients and colleagues We support each other, cooperate together and are willing to change We use the best clinical evidence and embrace innovation 4.3. Aims The CCG aims are: To serve and improve the health and wellbeing of its population To ensure that the services are safe, equitable and of a high standard with less variation To enable people and communities to be active partners in their health and wellbeing To deliver an overall balanced budget and maintain sustainability of the system through partnership To transform collaboratively the health and care system to meet future needs To promote education, training, innovation and research amongst its Members 4.4. Governance In accordance with section 14L(2)(b) of the National Health Service Act 2006, the CCG will at all times observe such generally accepted principles of good governance in the way it conducts business as are relevant to it. 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 (summarised at Appendix 6). d) The seven key principles of the NHS Constitution. e) Meeting its public sector equality duty under the Equality Act Accountability The CCG will further demonstrate its accountability to its Members, local people, stakeholders and NHS England in a number of ways, including by: a) Publishing this Constitution; b) Appointing independent lay members and non GP clinicians to its Governing Body. c) Holding meetings of its Governing Body 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. e) Complying with local authority health overview and scrutiny requirements. f) Ensuring lay involvement in decisions about functions delegated by NHS England. g) Meeting annually in public to present and publish the annual report. 6

9 h) Producing annual accounts in respect of each financial year which must be externally audited. i) Having a published and clear complaints process. j) Complying with the Freedom of Information Act k) Delivering an ongoing programme of patient, public and stakeholder engagement to inform the CCG s commissioning activity. l) Developing and utilising a number of external communication channels including an accessible website and a range of social media platforms. m) Providing information to NHS England as required. 5.0 FUNCTIONS AND GENERAL DUTIES 5.1. The functions that the CCG is responsible for exercising are largely set out in the 2006 Act, as amended by the 2012 Act. They include: a) Commissioning certain health services (where NHS England is not under a duty to do so) that meet the reasonable needs of all those for whom the CCG has statutory responsibility: all people registered with member GP practices 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 CCG s area. c) Paying its employees remuneration, fees and allowances in accordance with the determinations made by its Governing Body and determining any other terms and conditions of service of the CCG s employees. d) Determining the remuneration and travelling or other allowances of members of its Governing Body or committees as appropriate. e) Appropriately and effectively manage conflicts of interest In discharging its functions the CCG will: a) Set out its commissioning priorities and commissioning intentions in the Commissioning Plan. b) Delegate responsibility to the CCG s Governing Body and the associated delegated committees c) Having robust governance arrangements in place. d) Having a Scheme of Reservation and Financial Delegation, Standing Orders and Prime Financial Policies in place and have mechanisms to ensure adherence to these. e) Monitor progress of delivery of the duty through its performance reporting and other general reporting mechanisms Meet the public sector equality duty by: a) Working in partnership with patients, public and staff to raise awareness of and promote the positive aspects of equality, diversity and inclusion in everything we do. 7

10 b) Requiring the Accountable Officer to ensure the strategy follows legislative frameworks, mandatory requirements, best practice guidance and monitor progress; c) Publishing annually a report to demonstrate compliance with this general duty across all functions. d) Ensuring that equality, diversity and inclusion is embedded into the CCG s culture and that it is incorporated in its values, processes and behaviours. e) Requiring progress of delivery of this duty to be monitored through the Equality and Diversity Steering Group Work in partnership with its local authorities to develop joint strategic needs assessments and joint health and wellbeing strategies by: a) Creating a single commissioning function jointly led by the CCG and the three Local Authorities in East Berkshire. b) Having appropriate representation as members of Health and Wellbeing Board. c) Having systems and processes in place to work in partnership with the three Local Authorities to achieve partnership working and promote public health. d) Requiring progress of delivery of this duty to be monitored through the Health and Wellbeing Board Make arrangements to secure public involvement in the planning, development and consideration of proposals for changes and decisions affecting the operation of commissioning arrangements by: a) Working in partnership with patients, carers and the local community to secure the appropriate care for them. b) Ensuring patient, public involvement and patient experience is valued. Local people s views have an identifiable impact on our decision making. c) Ensuring our patient and public engagement mechanisms and methods are sufficiently varied to meet the needs of our diverse population. d) Publish information about health services on our website, and through other media, encouraging and acting on feedback through our Public and Patient Advisory Group and other engagement mechanisms. e) Statement of principles: Ensure co-production, engagement and involvement of patients, carers, public and communities of identity/interest in the development of our commissioning decisions. Ensure engagement and involvement of health and wellbeing boards and local authorities in our commissioning decisions. Develop and maintain mechanisms for gaining a broad range of views then analysing and acting on these. Ensure that the views of individual patients and carers are translated into commissioning decisions Promote awareness of, and act with a view to securing that health services are provided in a way that promotes awareness of, and have regard to the NHS Constitution by: 8

11 a) Actively promoting the NHS Constitution within our organisation and via the CCG s website, and in our engagement with the public, providers of services, patients and other key stakeholders. b) Acting consistently with regards to decision making and commissioning actions by delegating responsibility to the appropriate committees. c) Cross-referencing our commissioning and operational planning to the NHS Constitution The CCG will have in place arrangements that reflect the importance of safeguarding and promoting the welfare of children, including: a) a clear line of accountability for the commissioning and/or provision of services designed to safeguard and promote the welfare of children; b) a senior board level lead to take leadership responsibility for the organisation's safeguarding arrangements; c) a designated professional lead (or, for health provider organisations, named professionals) for safeguarding. d) safe recruitment practices for individuals whom the organisation will permit to work regularly with children, including policies on when to obtain a criminal record check; e) appropriate supervision and support for staff, including undertaking safeguarding training Act effectively, efficiently and economically by: a) Commissioning value for money services and being innovative using best practice models and evidence. b) Focusing on maximising patient care resources. c) Ensuring the CCG operates within the corporate governance framework (Standing Orders, the Scheme of Reservation & Financial Delegation and Prime Financial Policies) Act with a view to securing continuous improvement to the quality of services by: a) Embedding quality in the culture of the organisation through its mission. b) Putting in place performance management systems and defining robust outcomes that assess quality, patient safety processes patient complaints, trends and acting on information. c) Working jointly with other commissioning organisations to ensure continuous improvement in the quality of the system wide services. d) Work with partners and public to secure the overall sustainability of the health and care system Assist and support NHS England in relation to NHS England s duty to improve the quality of primary medical services by: a) Supporting member practices to share best practice. b) Requiring progress of delivery of this duty to be monitored through the CCG s reporting mechanisms. c) Ensure effective commissioning of primary medical services. 9

12 Assist and support NHS England in its responsibility to improve the quality of specialised services by: a) Working collaboratively with partners. b) Ensuring effective reporting and monitoring through the CCG s reporting mechanisms Have regard to the need to reduce inequalities by: a) Requiring progress of delivery of the duty to be monitored through the CCG s performance reporting mechanisms. b) Work with our Local Authorities to target our commissioning to improve the health of those with the poorest health outcomes Promote the involvement of patients, their carers and representatives in decisions about their individual healthcare by: a) Informing local people about health, health services and the CCG s activities. b) Listening to local people s experiences and needs. c) Ensuring the providers we commission listen to, co-design and act upon, the view of local people. d) Encouraging people to live healthily and manage their conditions Act with a view to enable patients to make choices by: a) Ensuring that patients are informed about the options they have so they can be fully involved in managing their care. b) Ensuring that patients are empowered to make choices about how their health is managed including self-care when appropriate Obtain appropriate advice from persons who, taken together, have a broad range of professional expertise in healthcare and public health by: a) Taking advice and guidance from local professional groups when commissioning for the community and voluntary sector, primary and secondary services. b) Working with organisations such as NICE and Public Health to ensure evidence based interventions are incorporated into our service redesign, clinical senates and strategic clinical networks as they become established. c) Complying with board membership requirements to include the appropriate clinical, managerial and lay member skill mix Promote innovation by: a) Forging strong links with local universities and other academic institutions. b) Forging strong links with national and collegiate organisations promoting innovations in healthcare. c) Harnessing the innovation and ideas which exist within our communities and our local voluntary and community sector. 10

13 Promote research and the use of research by: a) Working with local, national and international partners and stakeholders to develop research in our health economy. b) Assessing best practice and research findings and incorporating into service redesign and specifications in both hospital and out of hospital care. c) Forging links with local universities and other academic institutions 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 to assist the Secretary of State for Health in the discharge of his related duty by having structures in place to engage with providers about implementing the CCG s Commissioning Strategy and Operational Plans Act with a view to promoting integration across health and care where the CCG considers that this would improve the quality of services or reduce inequalities or improve sustainability by: a) Working collaboratively with our partners including the voluntary sector. b) Delivering the priority work streams within our Commissioning Strategy Require progress of delivery of these duties to be monitored through committees of the CCG General Financial Duties the CCG will perform its functions so as to: Ensure its expenditure does not exceed the aggregate of its financial allocations for the financial year by: a) Keeping accurate accounts. b) Supporting member practices to achieve balanced budgets. c) Managing our resources effectively. d) Supporting the delivery of transformation plans and locality plan 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 by: a) Sharing information between practices. b) Providing support with managing areas including referrals, prescribing, activity monitoring, mental health and continuing care. c) Using our financial performance dashboard. d) Monitoring practices to ensure they take ownership of their budgets. e) Supporting the transformation agenda and delivery of the plan Take account of any directions issued by NHS England in respect of specified types of resource use in a financial year, to ensure the CCG does not exceed an amount specified by NHS England by: a) Having contingency funds. 11

14 b) Effectively managing budgets Publish an explanation of how the CCG spent any additional payment above core allocations in respect of quality made to it by NHS England Require progress of delivery of these duties to be monitored through committees of the CCG Other Relevant Regulations, Directions and Documents The CCG will: a) Comply with all relevant regulations. b) Comply with directions issued by the Secretary of State for Health or NHS England. c) Take account, as appropriate, of documents issued by NHS England The CCG 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 CCG policies and procedures 6.0 DECISION MAKING: THE GOVERNING STRUCTURE 6.1. The Governing Body The CCG will establish a Governing Body (the Governing Body ) which shall have statutory responsibilities as set out in in the National Health Service Act 2006 (as amended by the HSCA) (the "2012 Act") and in paragraph 27 below, and such other functions as are lawfully delegated to it by the CCG In accordance with Regulation 11 of the NHS (Clinical Commissioning Groups) Regulations 2012 (SI 2012/1631). The Governing Body will comprise of: Governing Body voting membership i) Nine General Practitioner as Governing Body Board member s representatives of the CCG member practices (3 from each locality). One of these shall be elected as the clinical chair ii) Three lay members (one from each of the localities). iii) One Secondary Care Specialist Doctor. iv) The Accountable Officer. v) The Chief Finance Officer Chief Finance Officer. vi) The Medical Director. vii) The Director of Strategy & Operations. viii) The Director of Nursing and Quality Other non-voting representative Officer from a Local Authority Their method of appointment, terms of office, roles and responsibilities are set out in Appendix D (the Standing Orders). 12

15 The Governing Body shall establish the following Committees with delegated responsibilities (Appendix J - terms of reference for the statutory committees): The Audit Committee- statutory The Remuneration Committee- statutory The Primary Care Co-Commissioning Committee -statutory Quality & Constitutional Standards Committee Business Planning & Clinical Commissioning Committee Finance & Quality Innovation Productivity & Prevention ( QIPP) Committee Information Management and Technology Committee And any other Committees it deems necessary to deliver its statutory duties The CCG s Executive Management Team, (EMT) shall manage the day to day operations of the CCG which will include procurement. The EMT will comprise of the following core membership: The CCG Clinical Chair The Accountable Officer The Director of Finance and Performance or Deputy Three Clinical Locality Leads (General Practitioner) Director of Nursing & Quality Director of Strategy & Operations Medical Director 6.2. Authority to Act In discharging the functions of the CCG, the Council of Members, Governing Body, committees and sub-committees of the Governing Body and individuals acting on behalf of the CCG will: a) Comply with the CCG s principles of good governance, b) Operate in accordance with the CCG s scheme of reservation and delegation, c) Comply with the CCG s standing orders, d) Comply with the CCG s arrangements for discharging its statutory duties, e) Where appropriate, ensure that member practices have had the opportunity to contribute to the CCG s decision making process The CCG is accountable for exercising the statutory functions CCG and may delegate its powers to: a) The Governing Body. b) A committee or sub-committee of the CCG or Governing Body as appropriate. c) Any of its members. d) Employees. The extent of the delegated powers will be set out in the CCG's scheme of reservation and delegation and terms of reference for the committees The Clinical Commissioning Group remains accountable for all of its functions, including those that it has delegated to it from NHs England Where delegated responsibilities are being discharged collaboratively, the joint (collaborative) arrangements will: 13

16 a) identify the roles and responsibilities of those organisations which are working together. b) identify any pooled budgets and how these will be managed and reported in annual accounts. c) specify under which organisation 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 Functions of the Governing Body: The Governing Body 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 The Governing Body has responsibility for: a) Ensuring that the CCG has appropriate arrangements in place to exercise its functions effectively, efficiently and economically and in accordance with such generally accepted principles of good governance as are related to it. b) The following functions are delegated by the CCG to the governing body: leading the setting of vision and strategy approval of commissioning and financial plans monitoring performance against plans providing assurance of strategic risk c) Leading the CCG and securing effective clinical engagement in its business and decision making in accordance with statutory obligations. d) Liaising with statutory bodies. e) Commissioning support services from appropriately qualified and experienced professionals to enable the CCG to fulfil its statutory duties. f) Working in collaboration with other CCGs and collaborating with them to procure and commission certain services. g) Recommending to the Council of Members a commissioning strategy/plan (setting the strategic direction of the CCG) and an annual operating plan (to meet statutory obligations and implement the commissioning strategy). h) Publishing annually the Commissioning Plan approved by the Council of Members and submitting a copy to NHS England and to the relevant Health and Wellbeing Board. i) Preparing, in consultation with the relevant Health and Wellbeing Board and in accordance with directions given by the NHS England, recommending to the Council of Members and publishing an Annual Report in every financial year, except its first financial year, setting out how the CCG discharged its functions in the previous financial year. j) Publishing and submitting a copy of the Annual Report to the NHS England Board and holding a meeting for the purpose of presenting the report to members of the public. k) Overseeing the delivery of the annual operating plan and commissioning strategy, once they have been approved by the Council of Members. 14

17 l) Approving a Procurement Strategy and ensuring its publication. m) Delivering the annual operating plan and commissioning strategy. n) Ensuring that the CCG capital resource used in a financial year does not exceed the amount specified by Direction of the NHS England. o) Promoting the dynamic and pro-active involvement of Members to secure improvements in commissioning of health care and other services and in the business of the CCG. p) Promoting the NHS Constitution q) Engaging in a collaborative approach within the local health system with patients, the public and other stakeholders through forming a public reference group, which at least one member of the Governing Body will meet to hear concerns, discuss plans, seek and act on feedback and reflect on strategy. r) Engaging with the relevant Health and Wellbeing Board/s and nominating a member of the Governing Body to act as the CCG s representative on it. s) Engaging with the local Health Watch. t) Ensuring that the CCG achieves financial break-even. u) Publishing an explanation of how it has spent any quality payments made to it. v) Appointing and ensuring that Governing Body sub-committees act within their delegated limits and report back to the Governing Body in accordance with the CCG s Scheme of Delegation. w) Monitoring and ensuring that the CCG meets all statutory, financial and quality requirements imposed upon it whether by law, Regulations, official guidance, policy provisions or otherwise. x) Discharging such functions as are imposed by the Secretary of State in Regulations from time to time. y) The Governing Body will establish systems and process in place to implement effective corporate, clinical, financial, information and research governance and for the management of conflicts and probity issues. To ensure public assets are secure. z) Determining the remuneration, fees and allowances payable to employees or other persons providing services to the CCG 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 Meetings of the Governing Body a) The Governing Body will meet in public not fewer than three times per year. b) The Chair may determine that certain items need to be discussed in private in line with the requirements of guidance and the law (for example staff discipline or confidential information relating to patients). Such items will be decided in a private part of the Governing Body meeting, from which the public will be excluded. c) The date, time and venue of public meetings will be announced with at least 14 days notice, including details about meeting dates, times and venues - will be published on the CCGs website at new website detail when available]. Identifying which meetings are open to the public to attend. d) The agenda will be agreed between the Accountable Officer and the Chair. Items of business to be transacted for inclusion on the agenda of a meeting need to be notified to the Accountable Officer / and or Head of Corporate Affairs at least 28 working days (i.e. excluding weekends and bank holidays) before the meeting takes place. Supporting papers for such items need to be submitted at least 10 working days before the meeting takes place. The agenda and supporting papers will be circulated to all the Governing Body members of a meeting at least five working days before the date the meeting will take place. e) Members of the public and other council members will be allowed to ask questions at specified times, but may not contribute to discussion unless invited by the Chair. 15

18 f) If a petition has been received by the group, the chair of the governing body shall include the petition as an item for the agenda of the next meeting of the governing body Voting Each voting member of the Governing Body will have one vote (including anyone who is deputising at that meeting). All decisions will be made on at a majority vote; this is defined as 60% clinical and 40% non-clinical. If the number of votes for or against a proposal is equal, the Chair will have a casting vote Quoracy of the Governing Body Meetings The meeting will be quorate as follows: a) There are six clinical representatives with at least one clinical representative from each locality. b) There are two lay representatives c) Two Executive members (Medical Director and the Director of Quality and Nursing are Executive as well as Clinical for Quoracy purposes) The Governing Body may accept votes from those Governing Body members who are not present at the meeting via with agreement from the rest of the Governing Board members Chairs Action Chairs Action can be taken in the following circumstances: a) Chair s action should only be taken in exceptional cases. Where urgency is paramount and a decision is required rapidly. b) Chair s action is only permitted following consultation with at least one other General Practitioner Governing Body member. It is desirable but not mandatory to consult other members of the Governing Body if possible. c) If urgency requires a response within 5 days, and no Governing Body meeting is scheduled, the Chair and Accountable Officer (and Chief Finance Officer, if necessary) will seek to ensure that Governing body members are contacted via phone / as soon as possible to arrange a Governing Body meeting via conference call to discuss the issues, or agree a document or decision via ; d) All actions and decisions taken will be minuted and reported at the next public Governing Body meeting Scheme of Reservation and Delegation The CCG s scheme of reservation and delegation, (appendix G) sets out: a) Those decisions that are reserved for the membership as a whole. b) Those decisions that are the responsibilities of its Governing Body its committees and sub-committees and members and employees. 16

19 Committees of the Governing Body a) The Governing Body shall have the authority to delegate any of its activities to a committee or sub-committee which are stated in paragraph Such committees or subcommittees shall be made up of members or employees, and/or members of the Governing Body and any others approved by the Governing Body. b) The Committees listed under are accountable to the CCG s Governing Body. The Governing Body shall approve and keep review the terms of reference for each committee annually which includes information on the membership Each such committee shall regulate its proceedings in accordance with its terms of reference. Committee 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 Governing Body THE COUNCIL OF MEMBERS Each Member will appoint an appropriately qualified and competent member representative to the Council of Members. Each Member may change its representative from time to time, on prior written notice to the CCG Governing Body In participating in the Council of Members, each Member representative will: a) Promote the success of the CCG for the benefit of the membership as a whole by: i) Acting within the powers set out in this Constitution. ii) Exercising independent judgment and reasonable care, skill and diligence. iii) Declaring any interest of his/her member in any proposed transaction or arrangement being considered by the CCG. iv) Avoiding conflicts of interest. v) Being open and transparent and operating transparently in accordance with the Conflict of Interests Policy implemented by the CCG. vi) Not accept benefits or gratuities from third parties. vii) Co-operating in the reasonable provision of information to support the CCG s functions. Sharing such knowledge and information as is appropriate from time to time including referral data and prescribing data viii) Ensuring compliance with the confidentiality obligations: ix) Participating productively in working towards an agreed CCG constitution and/or such variations thereto as may be appropriate from time to time and ensuring the publication of the constitution and any amended constitutions as required by law. b) Actively participate in and contribute to the productive, effective and efficient operation of the CCG by: i) Ensuring effective participation in developing and sustaining high quality commissioning arrangements including but not limited to investing appropriate clinician and manager time to commissioning. ii).sharing specialist knowledge and skills as required and as appropriate. 17

20 iii) Agreeing to review activity and budgets as specified by the Governing body and or its delegated committee and agree on and implement any action required. iv) Agreeing to work with other CCGs as appropriate. vi) Abiding by agreements made between the Members on delivery of quality and activity, particularly in line with any proposed 'quality premium'. vii) Assisting in hospital data validation. viii) Assisting in the identification of areas of appropriate reductions in hospital referrals, within the context of service re-design and care pathways. c) Assist in the analysis, development, implementation and evaluation of patient pathways within the local health system with a view to improving services in a cost effective manner, sensitive to the implications for existing services including. i) Proactively engaging in the exploration of alternative models of healthcare provision. ii) Agreeing to and implementing new pathways. iii) Assisting in defining new systems of working and local commissioning structures in line with emerging policy Matters reserved to the Council of members a) The following matters require the prior approval by at least 70% ( see section ) of the votes cast at a meeting of the Council of Members, and no action may be taken by the Governing Body without such approval (except calling a meeting of the Council of Members or circulating a written resolution requesting such approval for Members to vote on): b) Applying to NHS England to: i) change the vision or values of the CCG or doing anything that is inconsistent with them; ii) change the Geography; iii) change the name of the CCG; iv) merge with any other clinical commissioning group; v) remove any Member for any reason other than those set out in paragraph 37 below (for example a Member breaching the policy for managing conflicts of interests, for failing to comply with decisions of the Governing Body or for consistent and/or flagrant breaches of this Constitution)]. c) Approval of the annual operating plan, the commissioning strategy/plan and the Annual Report which are recommended by the Governing Body; d) Entering into certified externally financed development agreements; e) Extension of terms of members of Governing Body in exceptional circumstances; f) Removal of a Governing Body member subject to the requirements detailed in Appendix D Meetings of the Council Members Council Members will meet in localities, (Bracknell & Ascot, Slough, Windsor, Ascot & Maidenhead) at least quarterly. These localities are based on the Local Authority boundaries. The Members in each locality will appoint a member representative to chair these meetings and may terminate that appointment at any time. Members from one locality may also attend meetings of any other locality. The purposes of the localities 18

21 are to share good innovative practice, provide clinical input into the commissioning process and identify areas for quality improvement or of concern The Council of Members will meet at least annually to take those decisions that are reserved to them as the CCG council of members as listed under section Annual General Meetings The CCG will hold an annual general meeting (an AGM ) once a year. The AGM will be held in public and be a matter of public record. The CCG s Clinical Chair or a nominated Deputy will chair the AGM The matters to be considered at the AGM will be sent out in the notice, but will include: a) Consideration and approval of the CCG s Annual Accounts and Annual Report. b) Consideration of an annual report describing all public consultations undertaken by the CCG, the findings and the actions it has taken as a result. c) Election of members of the Governing Body. d) Ratifying members of the EMT. e) The transaction of any other business included in the notice Voting at the Council of Member meetings a) Votes will be weighted proportional to the registered practice population. This will be set at the beginning of each financial year. b) A quorum will be at least 70%, by represented population, of those entitled to vote on the business to be transacted, each being a Member representative or his/her proxy. c) The majority required for a decision is more than 70% of the population represented by those voting Proxies may only be validly appointed by a notice in writing (a proxy notice ) that states the name of the Member representative appointing the proxy, the name of the person appointed as proxy and the meeting for which that proxy is appointed. Such proxy notice must be signed by the Member representative appointing the proxy and delivered to the Chair at least 48 hours before the relevant meeting A resolution in writing, on the same voting basis, will be as valid and effectual as if it had been passed at a meeting that was duly convened and held The following meeting minutes will be made available to member practices: Minutes of the AGM Meeting of the Council of Members Meetings of the Governing Body. Register of Interest 7.0 THE CCG S EMPLOYMENT RESPONSIBILITIES 7.1 The CCG recognises that its most valuable asset is its people. It will seek to enhance their skills and experience, is committed to their development in all ways relevant to the work of the CCG and will seek to set an example of best practice as an employer. 19

22 7.2 The group will adopt a Code of Conduct for staff and will maintain and promote effective whistle blowing procedures to ensure that concerned staff have means through which their concerns can be voiced. Copies of this Code of Conduct, together with the other policies and procedures outlined in this chapter, will be available on the CCG s website. 8.0 MEMBERS JOINING AND LEAVING THE CCG 8.1 Any provider of primary medical services, as defined in the Act at Chapter A2, Section 14A (4), within the Geography is eligible to become a Member and if such body wishes to become a Member it will make a written application to the Governing Body, confirming that it is willing to enter into and abide by this Constitution. 8.2 Membership of the CCG is not transferable. Nobody will become a Member unless: It is eligible and has made a written application in accordance with paragraph 3.2. Its application has been approved by the Governing Body and a vote of at least 75% of the Council of Members; It has signed its adherence to this Constitution; and It has been entered on to the Register of Members; or Its membership is required by order of NHS England; and Variation of this Constitution to include it as an additional Member has been approved by NHS England. 8.3 A Member will cease to be a Member: If ordered by NHS England; If the Member gives at least twelve months prior written notice to the Governing Body of its intention to cease being a Member, such notice period to expire of necessity at the end of the relevant financial year; Is a company limited by shares and: The conditions in section 86(3) of the NHS Act 2006 are no longer satisfied, or suffers an insolvency event including the passing of a resolution for voluntary winding up for reason of insolvency, a winding up order being granted, the passing of a resolution to apply for an administration order; an administrator being appointed, statutory demand being issued or that it is unable to pay its debts as they fall due, all under the Insolvency Act 1986; The Member ceases to be eligible for membership under the 2006 Act; or The Member merges with another Member, such that they become one Member. 8.4 The CCG and any Member wishing to challenge a decision under paragraph 37 by the CCG undertake to use their best endeavours to resolve conflicts at a local level with escalation to NHS England only taking place as a last resort and only after all relevant local dispute resolution arrangements have been exhausted in the first instance. 9.0 STANDARDS OF BUSINESS CONDUCT AND MANAGING CONFLICTS OF INTEREST 9.1 Employees, Members, representatives on the Council of Members and members of the Governing Body (and its committees) will at all times comply with this Constitution and be aware of their responsibilities as outlined in it. They should act in good faith and in the interests of the CCG and should follow the Seven Principles of Public Life, set out by 20

23 the Committee on Standards in Public Life (the Nolan Principles). They must comply with the group s policy on business conduct, including the requirements set out in the policy for managing conflicts of interest, (Appendix K). 9.2 Individuals contracted to work on behalf of the CCG or otherwise providing services or facilities to the CCG will be made aware of their obligation with regard to declaring conflicts or potential conflicts of interest. This requirement will be written into their contract for services. 9.3 As required by section 14O of the 2006 Act, as inserted by section 25 of the 2012 Act, the CCG will make arrangements to manage conflicts and potential conflicts of interest to ensure that decisions made by the CCG will be taken and seen to be taken without any possibility of the influence of external or private interest. 9.4 Where an individual, i.e. an employee, CCG Member, member of the Governing Body, or a member of a committee or a sub-committee of the Group or its Governing Body has an interest, or becomes aware of an interest which could lead to a conflict of interest in the event of the Group considering an action or decision in relation to that interest, that must be considered as a potential conflict, and is subject to the provisions of this Constitution. 9.5 A conflict of interest will include: a) a direct pecuniary interest: where an individual may financially benefit from the consequences of a commissioning decision (for example, as a provider of services); b) an indirect pecuniary interest: for example, where an individual is a partner, member or shareholder in an organisation that will benefit financially from the consequences of a commissioning decision; c) a non-pecuniary interest: where an individual holds a non-remunerative or notfor-profit interest in an organisation, that will benefit from the consequences of a commissioning decision (for example, where an individual is a trustee of a voluntary provider that is bidding for a contract); d) a non-pecuniary personal benefit: where an individual may enjoy a qualitative benefit from the consequence of a commissioning decision which cannot be given a monetary value (for example, a reconfiguration of hospital services which might result in the closure of a busy clinic next door to an individual s house); e) any duty whatsoever imposed on any member of the Governing Body or its subcommittees, CCG members/clinicians by any other codes of conduct to which the member is subject. f) any other interest whatsoever that should be dutifully declared under The Health and Social Care Act 2012 and guidance issued by Department of Health from time to time. g) where an individual is closely related to, or in a relationship, including friendship, with an individual in the above categories. h) if the individual is registered with the General Medical Council (GMC), any interest that the individual would be required to declare in accordance with paragraph 55 of the GMC s publication Management for Doctors or any successor code, including the referral of any patient to a provider in which the individual has an interest. 21

24 i) if the individual is registered with the Nursing and Midwifery Council (NMC) or other professional body would be required to declare in accordance with paragraph 7 of the NMC s publication Code of Professional Conduct or any successor code including the referral of any patient to a provider in which the individual has an interest. 9.6 If in doubt, the individual concerned should assume that a potential conflict of interest exists 9.7. Declaring and Registering Interests The CCG will maintain one or more registers of the interests of: a) the members of the CCG; b) the members of its Governing Body; c) the members of its committees or sub-committees and the committees or subcommittees of its Governing Body; d) its employees The registers will be published on the CCG s website, and will also be available on request from the CCG Individuals will declare any interest that they have, in relation to a decision to be made in the exercise of the commissioning functions of the CCG, in writing to the Governing Body, as soon as they are aware of it and in any event no later than 28 days after becoming aware Where an individual is unable to provide a declaration in writing, for example, if a conflict becomes apparent in the course of a meeting, they will make an oral declaration before witnesses, and provide a written declaration as soon as possible thereafter The Accountable Officer will ensure that the registers of interest are reviewed regularly, and updated as necessary Managing Conflicts of Interest: general Individual members of the CCG, the Governing Body, committees or sub-committees and employees will comply with the arrangements determined by the CCG for managing conflicts or potential conflicts of interest The Accountable Officer will oversee the management of conflicts of interest on behalf of the CCG and will ensure that for every interest declared, either in writing or by oral declaration, arrangements are in place to manage the conflict of interests or potential conflict of interests, to ensure the integrity of the CCG s decision making processes Arrangements for the management of conflicts of interest are to be determined by the Accountable Officer and will include the requirement to put in writing to the relevant individual arrangements for managing the conflict of interests or potential conflicts of interests, within a week of declaration. The arrangements will confirm the following: a) when an individual should withdraw from a specified activity, on a temporary or permanent basis; b) monitoring of the specified activity undertaken by the individual, either by a line manager, colleague or other designated individual. 22

25 Where an interest has been declared, either in writing or by oral declaration, the declarer will ensure that before participating in any activity connected with the CCG s exercise of its commissioning functions, they have received confirmation of the arrangements to manage the conflict of interest or potential conflict of interest from the Accountable Officer Where an individual member, employee or person providing services to the CCG is aware of an interest which: a) has not been declared, either in the register or orally, they will declare this at the start of the meeting; b) has previously been declared, in relation to the scheduled or likely business of the meeting, the individual concerned will bring this to the attention of the chair of the meeting, together with details of arrangements which have been confirmed for the management of the conflict of interests or potential conflict of interests The Chair of the meeting will then determine how this should be managed and inform the member of their decision. Where no arrangements have been confirmed, the chair of the meeting may require the individual to withdraw from the meeting or part of it. The individual will then comply with these arrangements, which must be recorded in the minutes of the meeting Where the Chair of any meeting of the CCG, including committees, sub-committees, or the Governing Body and the Governing Body s committees and sub-committees, has a personal interest, previously declared or otherwise, in relation to the scheduled or likely business of the meeting, they must make a declaration and the Vice Chair will act as chair for the relevant part of the meeting. Where arrangements have been confirmed for the management of the conflict of interests or potential conflicts of interests in relation to the chair, the meeting must ensure these are followed. Where no arrangements have been confirmed, the Vice Chair may require the chair to withdraw from the meeting or part of it. Where there is no Vice Chair, the members of the meeting will select one Any declarations of interests, and arrangements agreed in any meeting of the Clinical Commissioning Group, committees or sub-committees, or the Governing Body, the Governing Body s committees or sub-committees, will be recorded in the minutes Where more than 50% of the members of a meeting are required to withdraw from a meeting or part of it, owing to the arrangements agreed for the management of conflicts of interests or potential conflicts of interests, the Chair (or deputy) will determine whether or not the discussion can proceed In making this decision the Chair will consider whether the meeting is quorate, in accordance with the number and balance of membership set out in the group s Standing Orders. Where the meeting is not quorate, owing to the absence of certain members, the discussion will be deferred until such time as a quorum can be convened. Where a quorum cannot be convened from the membership of the meeting, owing to the arrangements for managing conflicts of interest or potential conflicts of interests, the chair of the meeting shall consult with Accountable Officer on the action to be taken These arrangements must be recorded in the minutes. This may include: a) requiring another of the CCG s committees or sub-committees, the CCG s Governing Body or the Governing Body s committees or sub-committees (as appropriate) which can be quorate to progress the item of business or, if this is not possible, 23

26 b) inviting on a temporary basis one or more of the following to make up the quorum (where these are permitted members of the Governing Body or committee / sub-committee in question) so that the Group can progress the item of business: i) A member of the Clinical Commissioning Group who is an individual; ii) An individual appointed by a member to act on its behalf in the dealings between it and the Clinical Commissioning Group; iii) A member of a relevant Health and Wellbeing Board; iv) A member of a Governing Body of another clinical commissioning group In any transaction undertaken in support of the Clinical Commissioning Group s exercise of its commissioning functions (including conversations between two or more individuals, s, correspondence and other communications), individuals must ensure, where they are aware of an interest, that they conform to the arrangements confirmed for the management of that interest. Where an individual has not had confirmation of arrangements for managing the interest, they must declare their interest at the earliest possible opportunity in the course of that transaction, and declare that interest as soon as possible thereafter. The individual must also inform either their line manager (in the case of employees), or the Accountable Officer of the transaction The Accountable Officer will take such steps as deemed appropriate, and request information deemed appropriate from individuals, to ensure that all conflicts of interest and potential conflicts of interest are declared. Managing Conflicts of Interest: contractors and people who provide services to the group Anyone seeking information in relation to procurement, or participating in procurement, or otherwise engaging with the Clinical Commissioning Group in relation to the potential provision of services or facilities to the CCG, will be required to make a declaration of any relevant conflict / potential conflict of interest Anyone contracted to provide services or facilities directly to the Clinical Commissioning Group will be subject to the same provisions of this constitution in relation to managing conflicts of interests. This requirement will be set out in the contract for their services 10.0 EMPLOYMENT, REMUNERATION AND EXPENSES The Remuneration Committee will set and review the salaries, sessional rates, fees, allowances (including pension allowances) and expenses for employees and any other persons providing services to the CCG and for the members of the Governing Body, taking into account national guidance and benchmarked information of other clinical commissioning groups Remuneration details of any [Governing Body members and] senior employees of the CCG will be published as part of the annual accounts in compliance with regulation 15 and 16 of SI 2012/ JOINT COMMISSIONING ARRANGMENTS 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. 24

27 11.2. The CCG and NHS England may make arrangements to exercise any of the CCG s commissioning functions jointly Where joint commissioning arrangements pursuant to the above are entered into, the parties may establish a joint committee to exercise the commissioning functions in question Arrangements made pursuant to the 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 as described 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 management of that fund; fund and 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 is functions will not be affected where the CCG enters into arrangements pursuant to the above paragraph The CCG will act in accordance with any further guidance issued by NHS England on co-commissioning The governing body of the CCG shall require, in all joint commissioning arrangements carried on through a Joint Committee, that the Chair of the Joint Committee makes, as a minimum, a quarterly written report to the governing body and holds 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 DELEGATED COMMISSIONING ARRANGEMENTS FROM 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. 25

28 12.4. 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 (12.2) 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 (12.2) 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; 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 (12.2) above The CCG will act in accordance with any further guidance issued by NHS England on delegated commissioning 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 commissioning arrangements that the Accountable Officer 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 delegated 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 ARRANGMENTS WITH OTHER CLINICAL COMMISSIONING GROUPS The 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 CCGs 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 12.2, the CCG may: make payments to another CCG; receive payments from another CCG; 26

29 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 12.2 above, the CCG may establish and maintain a pooled fund made up of contributions by any of the CCGs working together to jointly commission. 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 13.2 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; 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 12.2 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 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 CONFIDENTIALITY Confidential Information means any information that any Member may have or acquire in relation to the CCG or another Member but excludes information that: 27

30 a) Is or becomes public knowledge other than as a result of it being disclosed in breach of this Constitution. b) A Member can show to the reasonable satisfaction of the other Members was known to it before it became a Member and that it was not under any duty of confidence in respect of the information. c) A Member can show to the reasonable satisfaction of the other Members that it discovered the information from a source not connected with its membership of the CCG and the source was not under any obligation of confidence in respect of the information. d) The Members agree in writing is not confidential Each Member will keep all Confidential Information confidential and will not use or disclose it except: a) In accordance with any use permitted by the owner of the Confidential Information. b) To its professional advisers where necessary for a proper purpose connected with the operation of the CCG. c) As required by law or regulation These obligations will continue without limit in time and will survive the expiry of membership of the CCG No Member will make or permit the making of any press release or other public statement concerning the CCG without the prior written approval of the Governing Body NOTICES A notice under this Constitution will be in English, in writing, for the attention of the Member representative to the address stated in the Register of Members from time to time and may be delivered personally, by or by first class post DUTY TO REPORT NON-COMPLIANCE WITH CONSTITUTION STANDING ORDERS AND PRIME FINANCIAL POLICIES If for any reason any provision in this Constitution or its Appendices is not complied with, full details of the non-compliance and any justification for non-compliance and the circumstances around the non-compliance will be reported to the Accountable officer. The Accountable Officer will then report to the next meeting of the Council of Members or Governing Body, whichever is earlier, for action or ratification. All Member representatives and staff have a duty to disclose any non-compliance to the Accountable Officer as soon as possible USE OF SEAL AND AUTHORISATION OF DOCUMENTS Execution of documents and the CCG Seal The CCG may have a seal for executing documents where necessary. The following individuals or officers are authorised to execute a document on behalf of the CCG by their signature or authenticate use of the CCG Seal by their signature: a) The Accountable Officer. b) The Chair of the Governing Body. c) The Chief Finance Officer 28

31 APPENDIX A DEFINITIONS OF KEY DESCRIPTIONS USED IN THIS CONSTITUTION 2006 Act National Health Service Act Act Health and Social Care Act 2012 (this Act amends the 2006 Act) Accountable officer Area Chief finance officer Clinical commissioning group Financial year Governing body an individual, as defined under paragraph 12 of Schedule 1A of the 2006 Act (as inserted by Schedule 2 of the 2012 Act), appointed by the NHS England, with responsibility for ensuring the group: complies with its obligations under: sections 14Q and 14R of the 2006 Act (as inserted by section 26 of the 2012 Act), sections 223H to 223J of the 2006 Act (as inserted by section 27 of the 2012 Act), paragraphs 17 to 19 of Schedule 1A of the NHS Act 2006 (as inserted by Schedule 2 of the 2012 Act), and any other provision of the 2006 Act (as amended by the 2012 Act) specified in a document published by the Board for that purpose. exercises its functions in a way which provides good value for money. the geographical area that the group has responsibility for, as defined in Chapter 2 of this constitution the qualified accountant employed by the group with responsibility for financial strategy, financial management and financial governance a body corporate established by the NHS England in accordance with Chapter A2 of Part 2 of the 2006 Act (as inserted by section 10 of the 2012 Act) this usually runs from 1 April to 31 March, but under paragraph 17 of Schedule 1A of the 2006 Act (inserted by Schedule 2 of the 2012 Act), it can for the purposes of audit and accounts run from when a clinical commissioning group is established until the following 31 March the body appointed under section 14L of the NHS Act 2006 (as inserted by section 25 of the 2012 Act), with the main function of ensuring that a clinical commissioning group has made appropriate arrangements for ensuring that it complies with: its obligations under section 14Q under the NHS Act 2006 (as inserted by section 26 of the 2012 Act), and such generally accepted principles of good governance as are relevant to it. Governing member body any member appointed to the governing body of the group Lay member a lay member of the governing body, appointed by the group. A lay member is an individual who is not a member of the group or a healthcare professional (i.e. an individual who is a member of a profession regulated by a body 29

32 mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) or as otherwise defined in regulations Member Practice representatives Registers interests of a provider of primary medical services to a registered patient list, who is a members of this group (see tables in Chapter 3 and Appendix B) an individual appointed by a practice (who is a member of the group) to act on its behalf in the dealings between it and the group, under regulations made under section 89 or 94 of the 2006 Act (as amended by section 28 of the 2012 Act) or directions under section 98A of the 2006 Act (as inserted by section 49 of the 2012 Act) registers a group is required to maintain and make publicly available under section 14O of the 2006 Act (as inserted by section 25 of the 2012 Act), of the interests of: the members of the group. the members of its governing body. the members of its committees or sub-committees and committees or subcommittees of its governing body and its employees. 30

33 APPENDIX Bi GEOGRAPHY FOR BRACKNELL & ASCOT LOCALITY 1. The Balfron Practice-branch practice of Forest Health Group 2. The Forest Health Group 3. The Binfield Practice 4. The Boundary House Surgery 5. The Crown Wood Medical Centre 6. The Easthampstead Practice 7. The Evergreen Practice 8. The Gainsborough Practice 9. The Great Hollands Practice 10. Green Meadows Partnership 11. Heath Hill Surgery 12. Kings Corner Surgery 13. Magnolia House 14. The Ringmead Medical Practice 15. The Sandhurst Group Practice Cambridge Road 16. The Sandhurst Group Practice Yorktown Road 17. The Waterfield Practice - Waterfield Surgery 18. The Waterfield Practice - Warfield Medical Centre 31

34 APPENDIX Bii GEOGRAPHY FOR SLOUGH LOCALITY Ragstone Road Wexham Road Wexham Road 4. Avenue Medical Centre 5. Bharani Medical Centre - Lansdowne Avenue 6. Bharani Medical Centre - Bath Road 7. Slough Walk-In Centre include The Chapel Medical Centre 8. Crosby House Surgery 9. Farnham Road Practice - Farnham Road 10. Farnham Road Practice - Weekes Drive 11. Cippenham Surgery 12. Herschel Medical Centre 13. Kumar Medical Centre 14. Langley Health Centre 15. Manor Park Medical Centre - Lerwick Drive 16. Manor Park Medical Centre Princes Street- closing on the 15 th December The Orchard Practice Willow parade require a map identifier 18. Shreeji Medical Centre 19. Upton Medical Partnership- Sussex Place- due to close in April The Village Medical Centre 32

35 APPENDIX Biii GEOGRAPHY FOR WINDSOR ASCOT & MAIDENHEAD LOCALITY 1. Ascot Medical Centre 2. Cedars Surgery 3. Claremont Surgery 4. Clarence Medical Centre 5. Cookham Medical Centre 6. Cordwallis Road Surgery - Bharani Medical Centre 7. Datchet Health Centre 8. Holyport Surgery 9. Linden Medical Centre 10. Lee House Surgery 11. Radnor House Surgery 12. Redwood House Surgery 13. Rosemead Surgery 14. Ross Road Medical Centre 15. Runnymede Medical Practice Newton Court 16. Runnymede Medical Practice - Englefield 17. Sheet Street Surgery 18. Symons Medical Centre 19. South Meadow Surgery - Eton 20. South Meadow Surgery - Dedworth Medical Centre22.Woodlands Park Surgery 33