DEFINITIONS AND INTERPRETATION PROVISIONS. 1.1 Words and expressions which are stated in this Agreement shall (in the absence of any contrary provision) be construed in accordance with the definitions that are set out in the following table: Word/Phrase Definition Adult Social Care The Council’s Directorate of Adult Social Care Health and Housing Agreement This agreement made pursuant to S.75 of the National Health Service ▇▇▇ ▇▇▇▇ and the schedules attached to it Best Value The Council’s duty to secure continuous improvement as defined in S.3 of the Local Government ▇▇▇ ▇▇▇▇ Chief Officers The Chair of the Bracknell and Ascot Clinical Commissioning Group and the Director of Adult Social Care Health and Housing of Bracknell Forest Borough Council Care Groups Those individuals who have satisfied the relevant Eligibility Criteria of the Partners in respect of whom the Partners respectively have a statutory responsibility for the provision of Services CCG’s Constitution The CCG’s Constitution comprising its rules and procedures, standing orders, financial orders and any other governance requirements that may be imposed on the CCG from time to time CCG’s Functions Those functions of the CCG specified in paragraph 5 of the Regulations which relate to the Partnership Arrangements Clinical Commissioning Group NHS Bracknell and Ascot Clinical Commissioning Group Commencement Date 1st April 2013 Contract Arrangements As described in Section 13 Council Bracknell Forest Borough Council Council’s Constitution The Council’s Constitution comprising its rules and procedures, standing orders, financial orders and any other governance requirements that may be imposed on the Council from time to time Council’s Functions Those health-related functions of the Council which are specified in paragraph 6 of the Regulations which relate to the Partnership Arrangements Eligibility Criteria The criteria which are determined by the Partners from time to time in respect of an individual’s eligibility to access the services Equipment The equipment and assets which are made available by a Partner for an Individual Service as prescribed in a Services Schedule Financial Contributions The financial contributions that are made by the Partners to an Individual Service Budget Financial Year Each financial year commencing on 1st April and ending on 31st March of the following year Functions The Council’s Functions and the CCG’s Functions collectively Health and Wellbeing Board The Health and Wellbeing Board for the Locality Host Partner The Partner responsible for appointing and managing the Pool Manager and any Pooled Fund as prescribed in the Services Schedule Individual Any person who meets the requirements of the relevant Eligibility Criteria of the Partners in respect of the Partners and is a member of a Care Group Individual Service One of the Services which is agreed by the Partners to be procured for the benefit of a Care Group using one or more of the powers under Section 75 and which together comprise the Services Individual Service Budget The budget which has been agreed by the Partners for the provision of an Individual Service Information Sharing Protocol The protocol for the secure and confidential sharing of information between the Partners Integrated Commissioning The process for commissioning any one or more of the Services by a Partner as agreed by the Health and Wellbeing Board for the benefit of one or more of the Care Groups Lead Commissioning Arrangements The arrangements by which one Partner commissions service on behalf of the other Partner Locality The Council’s administrative boundary Month A calendar month Non-Pooled Fund A budget for the joint commissioning of an Individual Service under Lead Commissioning Arrangements as prescribed in the relevant Services Schedule Notice A notice in writing which is served by one of the Partners on the other, in accordance with paragraph 19.1 Partners The Council and the CCG or its successors Partnership Arrangements The arrangements which have been agreed between the Partners pursuant to the Regulations and S.75 and are set out in this Agreement Performance Measures The arrangements which are agreed by the Health and Wellbeing Board for the monitoring of Services as set out in a Services Schedule Pooled Fund A fund administered by a Pool Manager from contributions by the Partners as prescribed in a Services Schedule Property(ies) The properties made available by a Partner for the Purposes of the Partnership Arrangements or an Individual Service in accordance with a Services Schedule Regulations The NHS Bodies and Local Authorities Partnership Arrangements and Regulations 2000 SI Number 617 (as amended or re-enacted from time to time) S.75 Section 75 National Health Service ▇▇▇ ▇▇▇▇ which makes provision for permitted National Health Service bodies and permitted Local Authorities to enter into partnerships with pooled funding arrangements to provide their respective health and well-being functions if the arrangements are likely to lead to an improvement in the way in which those functions are exercised
Appears in 1 contract
Sources: Partnership Arrangements Under Section 75 of the National Health Service Act 2006
DEFINITIONS AND INTERPRETATION PROVISIONS. 1.1 Words and expressions which are stated in this Agreement shall (in the absence of any contrary provision) be construed in accordance with the definitions that are set out in the following table: Word/Phrase Definition Adult Social Care The Council’s Directorate of Adult Social Care Health and Housing Agreement This agreement made pursuant to S.75 of the National Health Service ▇▇▇ ▇▇▇▇ and the schedules attached to it Best Value The Council’s duty to secure continuous improvement as defined in S.3 of the Local Government ▇▇▇ ▇▇▇▇ Chief Officers The Chair Chief Executive Officer of the Bracknell and Ascot Clinical Commissioning Group Berkshire East Primary Care Trust and the Director of Adult Social Care Health and Housing of Bracknell Forest Borough Council Care Groups Those individuals who have satisfied the relevant Eligibility Criteria of the Partners in respect of whom the Partners respectively have a statutory responsibility for the provision of Services CCG’s Constitution The CCG’s Constitution comprising its rules and procedures, standing orders, financial orders and any other governance requirements that may be imposed on the CCG from time to time CCG’s Functions Those functions of the CCG specified in paragraph 5 of the Regulations which relate to the Partnership Arrangements Clinical Commissioning Group NHS Bracknell and Ascot Clinical Commissioning Group CCG Commencement Date 1st April 2013 12th September 2012 Contract Arrangements As described in Section 13 Council Bracknell Forest Borough Council Council’s Constitution The Council’s Constitution comprising its rules and procedures, standing orders, financial orders and any other governance requirements that may be imposed on the Council from time to time Council’s Functions Those health-related functions of the Council which are specified in paragraph 6 of the Regulations which relate to the Partnership Arrangements Eligibility Criteria The criteria which are determined by the Partners from time to time in respect of an individual’s eligibility to access the services Equipment The equipment and assets which are made available by a Partner for an Individual Service as prescribed in a Services Schedule Financial Contributions The financial contributions that are made by the Partners to an Individual Service Budget Financial Year Each financial year commencing on 1st April and ending on 31st March of the following year Functions The Council’s Functions and the CCGPCT’s Functions collectively Health and Wellbeing Board The Health and Wellbeing Board for the Locality Host Partner The Partner responsible for appointing and managing the Pool Manager and any Pooled Fund as prescribed in the Services Schedule Individual Any person who meets the requirements of the relevant Eligibility Criteria of the Partners in respect of the Partners and is a member of a Care Group Individual Service One of the Services which is agreed by the Partners to be procured for the benefit of a Care Group using one or more of the powers under Section 75 and which together comprise the Services Individual Service Budget The budget which has been agreed by the Partners for the provision of an Individual Service Information Sharing Protocol The protocol for the secure and confidential sharing of information between the Partners Integrated Commissioning The process for commissioning any one or more of the Services by a Partner as agreed by the Health and Wellbeing Board for the benefit of one or more of the Care Groups Lead Commissioning Arrangements The arrangements by which one Partner commissions service on behalf of the other Partner Locality The Council’s administrative boundary Month A calendar month Non-Pooled Fund A budget for the joint commissioning of an Individual Service under Lead Commissioning Arrangements as prescribed in the relevant Services Schedule Notice A notice in writing which is served by one of the Partners on the other, in accordance with paragraph 19.1 Partners The Council and the CCG PCT or its successors Partnership Arrangements The arrangements which have been agreed between the Partners pursuant to the Regulations and S.75 and are set out in this Agreement PCT Berkshire East Primary Care Trust PCT’s Constitution The PCT’s Constitution comprising its rules and procedures, standing orders, financial orders and any other governance requirements that may be imposed on the PCT from time to time PCT’s Functions Those functions of the PCT specified in paragraph 5 of the Regulations which relate to the Partnership Arrangements Performance Measures The arrangements which are agreed by the Health and Wellbeing Board for the monitoring of Services as set out in a Services Schedule Pooled Fund A fund administered by a Pool Manager from contributions by the Partners as prescribed in a Services Schedule Property(ies) The properties made available by a Partner for the Purposes of the Partnership Arrangements or an Individual Service in accordance with a Services Schedule Regulations The NHS Bodies and Local Authorities Partnership Arrangements and Regulations 2000 SI Number 617 (as amended or re-enacted from time to time) S.75 Section 75 National Health Service ▇▇▇ ▇▇▇▇ which makes provision for permitted National Health Service bodies and permitted Local Authorities to enter into partnerships with pooled funding arrangements to provide their respective health and well-being functions if the arrangements are likely to lead to an improvement in the way in which those functions are exercisedexercised Section 75 Management Boards The Health and Wellbeing Board for the Locality Service Provider Any provider with whom a partner contracts for the provision of an Individual Service under the Contract Arrangements Services The Individual Services together Services Schedule A schedule which forms, or will form, part of this Agreement and shall be subject to the terms of this Agreement in relation to an Individual service and documents the aims, objectives and arrangements agreed by the Partners in relation to the Individual Service in question (and will be signed by the Partners) Staff The Council’s employees or the PCT’s employees who are made available by a Partner for an Individual Service in accordance with the Services Schedule Term The period of time during which this Agreement is to take effect, as defined in paragraph 3.1 Transfer Date The date upon which the contract of employment of a member of Staff transfers from one Partner to another Partner under TUPE TUPE The Transfer of Undertaking (Protection of Employment) Regulations 2006 (as amended) VAT Value Added Tax charged in accordance with the Value Added Tax Act 1994 (as amended) week A period of seven (7) consecutive days commencing on a Sunday year Each consecutive twelve (12) months of the Term (or any truncated part thereof) 1999 Act The Health Act 1999 2001 Act The Health and Social Care Act 2001 2006 Act The National Health Service ▇▇▇ ▇▇▇▇
1.2 Words denoting one gender shall include the other genders, words in the singular shall include the plural and vice versa and words denoting individuals shall be treated as including a body of persons corporate or unincorporated.
1.3 References in this contract to the “Council”, the “PCT” and any other relevant body or authority, shall include their respective statutory successors in title.
1.4 References to any enactment in this Agreement shall also include any re- enactment, amendment, or replacement of the same and also any regulation, direction, guidance, or code of practice, which is made or issued by the relevant authority there under.
1.5 The headings and titles within this Agreement shall not affect the interpretation of the provisions of this Agreement.
1.6 References to any section, schedule or paragraph are references to the sections, schedules or paragraphs of this Agreement in the absence of any contrary indication.
1.7 In the case of any inconsistency between the provisions of this Agreement and the provisions of a Service Schedule, the provisions of the Service Schedule shall prevail unless the Partners agree otherwise in writing.
Appears in 1 contract
Sources: Partnership Arrangements
DEFINITIONS AND INTERPRETATION PROVISIONS. 1.1 Words and expressions which are stated in this Agreement shall (in the absence of any contrary provision) be construed in accordance with the definitions that are set out in the following table: DEFINITIONS Word/Phrase Definition Adult Social Care The Council’s Directorate of Adult Social Care Health and Housing Agreement This agreement made pursuant to S.75 of the National Health Service ▇▇▇ ▇▇▇▇ and the schedules attached to it Best Value The Council’s duty to secure continuous improvement as defined in S.3 of the Local Government ▇▇▇ ▇▇▇▇ Chief Officers The Chair of the Bracknell and Ascot Clinical Commissioning Group and the Director of Adult Social Care Health and Housing of Bracknell Forest Borough Council Care Groups Those individuals who have satisfied the relevant Eligibility Criteria of the Partners in respect of whom the Partners respectively have a statutory responsibility for the provision of Services CCG’s Constitution The CCG’s Constitution comprising its rules and procedures, standing orders, financial orders and any other governance requirements that may be imposed on the CCG from time to time CCG’s Functions Those functions of the CCG specified in paragraph 5 of the Regulations which relate to the Partnership Arrangements Clinical Commissioning Group NHS Bracknell and Ascot Clinical Commissioning Group Commencement Date 1st April 2013 Contract Arrangements As described in Section 13 Council Bracknell Forest Borough Council Council’s Constitution The Council’s Constitution comprising its rules and procedures, standing orders, financial orders and any other governance requirements that may be imposed on the Council from time to time Council’s Functions Those health-related functions of the Council which are specified in paragraph 6 of the Regulations which relate to the Partnership Arrangements Eligibility Criteria The criteria which are determined by the Partners from time to time in respect of an individual’s eligibility to access the services Equipment The equipment and assets which are made available by a Partner for an Individual Service as prescribed in a Services Schedule Financial Contributions The financial contributions that are made by the Partners to an Individual Service Budget Financial Year Each financial year commencing on 1st April and ending on 31st March of the following year Functions The Council’s Functions and the CCG’s Functions collectively Health and Wellbeing Board The Health and Wellbeing Board for the Locality Host Partner The Partner responsible for appointing and managing the Pool Manager and any Pooled Fund as prescribed in the Services Schedule Individual Any person who meets the requirements of the relevant Eligibility Criteria of the Partners in respect of the Partners and is a member of a Care Group Individual Service One of the Services which is agreed by the Partners to be procured for the benefit of a Care Group using one or more of the powers under Section 75 and which together comprise the Services Individual Service Budget The budget which has been agreed by the Partners for the provision of an Individual Service Information Sharing Protocol The protocol for the secure and confidential sharing of information between the Partners Integrated Commissioning The process for commissioning any one or more of the Services by a Partner as agreed by the Health and Wellbeing Board for the benefit of one or more of the Care Groups Lead Commissioning Arrangements The arrangements by which one Partner commissions service on behalf of the other Partner Locality The Council’s administrative boundary Month A calendar month Non-Pooled Fund A budget for the joint commissioning of an Individual Service under Lead Commissioning Arrangements as prescribed in the relevant Services Schedule Notice A notice in writing which is served by one of the Partners on the other, in accordance with paragraph 19.1 Partners The Council and the CCG or its successors Partnership Arrangements The arrangements which have been agreed between the Partners pursuant to the Regulations and S.75 and are set out in this Agreement Performance Measures The arrangements which are agreed by the Health and Wellbeing Board for the monitoring of Services as set out in a Services Schedule Pooled Fund A fund administered by a Pool Manager from contributions by the Partners as prescribed in a Services Schedule Property(ies) The properties made available by a Partner for the Purposes of the Partnership Arrangements or an Individual Service in accordance with a Services Schedule Regulations The NHS Bodies and Local Authorities Partnership Arrangements and Regulations 2000 SI Number 617 (as amended or re-enacted from time to time) S.75 Section 75 National Health Service ▇▇▇ ▇▇▇▇ which makes provision for permitted National Health Service bodies and permitted Local Authorities to enter into partnerships with pooled funding arrangements to provide their respective health and well-being functions if the arrangements are likely to lead to an improvement in the way in which those functions are exercised
Appears in 1 contract
Sources: Partnership Arrangements Under Section 75 of the National Health Service Act 2006