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NHS Erewash CCG Your constitution

NHS Erewash CCG Your constitution. 13 JUNE 2012. Why is the constitution so important?. Health and Social Care Act 2012: Each GP practice must be part of a CCG CCGs are statutory bodies and subject to a statutory framework Each CCG must have a constitution Must get it right:

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NHS Erewash CCG Your constitution

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  1. NHS Erewash CCG Your constitution 13 JUNE 2012

  2. Why is the constitution so important? • Health and Social Care Act 2012: • Each GP practice must be part of a CCG • CCGs are statutory bodies and subject to a statutory framework • Each CCG must have a constitution • Must get it right: • important document • public document • limited ability to vary

  3. Format of Constitution • Model constitution released by NHS Commissioning Board (NHSCB) • Some flexibility but must comply with statutory requirements • CCG applies to the NHSCB for authorisation, so CCG is using the NHSCB’s model constitution but amending as necessary • Each CCG will be going through the same process

  4. Chapters 1-4 • Statutory framework • Status and nature of the constitution • Name • Area • Membership • Principles of good governance • Accountability

  5. Chapters 1-4 • Mission • Values • Aims

  6. CCG Functions and Duties (Ch 5) • CCG functions/duties are set out in the NHS Act 2006, as amended by the Health and Social Care Act 2012 • look out for revised list of CCG functions/duties expected soon from the NHSCB In discharging its functions the CCG must (for example): • Promote a comprehensive health service • Meet public sector equality duty • Work with local authorities • Secure public involvement • Promote the NHS constitution

  7. CCG Functions and Duties (Ch 5) • Act effectively, efficiently and economically • Secure continuous improvement in quality • Assist the NHSCB in improving the quality of primary medical services • Reduce inequalities • Promote patient involvement and enable choice • Promote: innovation, research, education, training and integration of services • Comply with financial duties and be accountable

  8. Constitution to outline how CCG will discharge those functions • Constitution must specify arrangements made by the CCG for: • the discharge of its functions • securing transparency about decisions and how they are made

  9. Decision Making (Ch 6) • CCG standing orders • Delegation and reservation (Appendix D) • Position of the governing body • Committees (some mandatory) and their terms of reference • Joint / collaborative arrangements with other CCGs

  10. Breakout Session • Reservation and delegation

  11. Governing Body (Ch 6 & 7) • Responsibilities - some mandatory, others determined by Scheme of delegation & reservation • Composition - both clinical and non-clinical: • Chair • Deputy Chair • Practice representatives • Lay and clinical members • Accountable officer • Chief finance officer • Joint appointments

  12. Business Conduct and Conflicts (Ch 8) • Constitution must specify arrangements regarding registers of interests and management of conflicts of interests • Very important topic (accordingly, to be addressed separately) • Policy to be publicly available • Declarations and registers of interests • Managing conflicts

  13. Final Chapters • Procurement (Ch 8.6) • Employment (Ch 9) • Transparency and Communication with Public (Ch 10): • Annual commissioning plan, report and public meeting • Notices of procurements and consultations; and dates of meetings of governing body

  14. Appendices • Key descriptions / definitions • List of member practices and signatures • Standing orders • Scheme of reservation and delegation • Prime (rather than detailed) financial policies • Nolan principles • NHS constitution

  15. Questions and next steps Please note The information contained in these notes is based on the position at 13 June 2012. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our speakers would be happy to do so. Browne Jacobson LLP 2012. Browne Jacobson LLP is a limited liability partnership

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