Common use of Good Practice Clause in Contracts

Good Practice. The ICB must perform the Delegated Functions in such a manner: so as to ensure NHS England’s compliance with NHS England’s statutory duties in respect of the Reserved Functions and to enable NHS England to fulfil its Reserved Functions; and having regard to NHS England’s accountability to the Secretary of State and Parliament in respect of both the Delegated Functions and Reserved Functions; and so as to ensure that the ICB complies with its statutory duties and requirements including those duties set out in Section 14Z32 to Section 14Z44 and the NICE Regulations. In exercising the Delegated Functions, the ICB must comply with all Mandated Guidance as set out in this Agreement or as otherwise may be issued by NHS England from time to time including, but not limited to, ensuring compliance with National Standards and following National Specifications. Where Developmental Arrangements conflict with any other term of this Agreement, the Developmental Arrangements shall take precedence until such time as NHS England agrees to the removal or amendment of the relevant Developmental Arrangements in accordance with Clause 26 (Variations). The ICB must develop an operational scheme(s) of delegation defining those individuals or groups of individuals, including committees, who may discharge aspects of the Delegated Functions. For the purposes of this clause, the ICB may include the operational scheme(s) of delegation within its general organisational scheme of delegation. NHS England may by Contractual Notice allocate Contracts to the ICB such that they are included as part of the Delegation. The Delegated Functions must be exercised both in respect of the relevant Contract and any related matters concerning any Specialised Service Provider that is a party to a Contract. NHS England may add or remove Contracts where this is associated with an extension or reduction of the scope of the Delegated Functions. Subsequent to the Effective Date of Delegation and for the duration of this Agreement, unless otherwise agreed any new Contract entered into in respect of the Delegated Functions shall be managed by the ICB in accordance with the provisions of this Agreement. Subject to the provisions of this Agreement, the ICB may determine the arrangements for the exercise of the Delegated Functions.

Good Practice. The ICB must perform the Delegated Functions in such a manner: so as to ensure NHS England’s compliance with NHS England’s statutory duties in respect of the Reserved Functions and to enable NHS England to fulfil its Reserved Functions; and having regard to NHS England’s accountability to the Secretary of State and Parliament in respect of both the Delegated Functions and Reserved Functions; and so as to ensure that the ICB complies with its statutory duties and requirements including those duties set out in Section 14Z32 to Section 14Z44 and the NICE Regulations. In exercising the Delegated Functions, the ICB must comply with all the Mandated Guidance set out at SCHEDULE (Mandated Guidance) or otherwise referred to in the Schedules to this Agreement and such further Mandated Guidance as set out in this Agreement or as otherwise may be issued by NHS England from time to time, including on the Direct Commissioning Guidance Webpage. NHS England may, at its discretion, issue Contractual Notices from time to time relating to the manner in which the Delegated Functions must be exercised by the ICB. Contractual Notices will have effect as variations to this Agreement. The ICB must establish effective, safe, efficient and economic arrangements for the discharge of the Delegated Functions. The ICB must give due consideration to whether any of the Delegated Functions should be exercised collaboratively with other NHS bodies or Local Authorities including, but not limited towithout limitation, ensuring compliance with National Standards by means of arrangements under section 65Z5 and following National Specifications. Where Developmental Arrangements conflict with any other term of this Agreement, the Developmental Arrangements shall take precedence until such time as NHS England agrees to the removal or amendment section 75 of the relevant Developmental Arrangements in accordance with Clause 26 (Variations)NHS Act. The ICB must develop an operational scheme(s) of delegation defining those individuals or groups of individuals, including committees, who may discharge aspects of the Delegated Functions. For the purposes of this clause, the ICB may include the operational scheme(s) of delegation within its general organisational scheme of delegation. NHS England may by Contractual Notice allocate Contracts to the ICB such that they are included as part of the Delegation. The Delegated Functions must be exercised both in respect of the relevant Contract and any related matters concerning any Specialised Service Provider that is a party to a Contract. NHS England may add or remove Contracts where this is associated with an extension or reduction of the scope of the Delegated Functions. Subsequent to the Effective Date of Delegation and for the duration of this Agreement, unless otherwise agreed any new Contract entered into in respect of the Delegated Functions shall be managed by the ICB in accordance with the provisions of this Agreement. Subject to the provisions of this Agreementclauses to , the ICB may determine the arrangements for the exercise of the Delegated Functions. The ICB must perform the Delegated Functions: in such a manner as to ensure NHS England’s compliance with NHS England’s statutory duties in respect of the Delegated Functions and to enable NHS England to fulfil its Reserved Functions; and having regard to NHS England’s accountability to the Secretary of State and Parliament in respect of both the Delegated Functions and Reserved Functions. Performance of the Reserved Functions NHS England will exercise the Reserved Functions, including but not limited to those set out in the relevant Schedules to this Agreement. For the avoidance of doubt, the Parties acknowledge that the Delegation may be amended, and additional functions may be delegated to the ICB, in which event consequential changes to this Agreement shall be agreed with the ICB pursuant to clause (Variations) of this Agreement. Where appropriate NHS England will work collaboratively with the ICB when exercising the Reserved Functions. If there is any conflict or inconsistency between functions that are named as Delegated Functions and functions that are named as Reserved Functions, then such functions shall be interpreted as Reserved Functions unless and until NHS England confirms otherwise. In the event that an ICB identifies such a conflict or inconsistency it will inform NHS England as soon as is reasonably practicable. The Parties acknowledge that where the ICB shall provide administrative and management services to NHS England in relation to certain Reserved Functions these shall be as set out in clause . and SCHEDULE (Administrative and Management Services). The Parties further acknowledge that NHS England may ask the ICB to provide certain administrative and management services to NHS England in relation to other Reserved Functions. Notwithstanding any arrangement for or provision of administrative or management services in respect of certain Reserved Functions, NHS England shall retain and be accountable for the exercise of such Reserved Functions. Finance Without prejudice to any other provision in this Agreement, the ICB must comply with such financial processes as required by NHS England for the management, reporting and accounting of funds used for the purposes of the Delegated Functions. The ICB acknowledges that it will receive funds from NHS England in respect of the Delegated Functions (the “Delegated Funds”) and that these are in addition to the funds allocated to it within its Annual Allocation. Subject to clause and any provisions in the Schedules or Mandated Guidance, the ICB may use: its Annual Allocation and the Delegated Funds in the exercise of the Delegated Functions; and the Delegated Funds and its Annual Allocation in the exercise of the ICB’s functions other than the Delegated Functions. The ICB’s expenditure on the Delegated Functions must be no less than that necessary to: ensure that NHS England is able to fulfil its functions, including without limitation the Reserved Functions, effectively and efficiently; meet all liabilities arising under or in connection with all Contracts allocated to the ICB in accordance with clauses to in so far as they relate to the Delegated Functions; meet national commitments from time to time on expenditure on specific Delegated Functions including, without limitation, the Community Pharmacy Contractual Framework. NHS England may increase or reduce the Delegated Funds in any Financial Year, by sending a notice to the ICB of such increase or decrease: in order to take into account any monthly adjustments or corrections to the Delegated Funds that NHS England considers appropriate, including without limitation adjustments following any changes to the Delegated Functions, changes in allocations, changes in Contracts, to implement Mandated Guidance under Clause 7.4 or otherwise; in order to comply with a change in the amount allocated to NHS England by the Secretary of State pursuant to section 223B of the NHS Act; to take into account any Losses of NHS England for which the ICB is required to indemnify NHS England under clause ; to take into account any adjustments that NHS England considers appropriate (including without limitation in order to make corrections or otherwise to reflect notional budgets) to reflect funds transferred (or that should have been transferred) to the ICB in respect of the Delegated Functions and/or funds transferred (or that should have been transferred) to the ICB and in respect of which the ICB has management or administrative responsibility under Schedule 10 of this Agreement; or in order to ensure compliance by NHS England with its obligations under the NHS Act (including without limitation, Part 11 of the NHS Act) or any action taken or direction made by the Secretary of State in respect of NHS England under the NHS Act. NHS England acknowledges that the intention of paragraph is to reflect genuine corrections and adjustments to the Delegated Funds and may not be used to change the allocation of the Delegated Funds unless there are significant or exceptional circumstances that would require such corrections or adjustments. The ICB acknowledges that it must comply with its statutory financial duties, including those under Part 11 of the NHS Act to the extent that these sections apply in relation to the receipt of the Delegated Funds. NHS England may in respect of the Delegated Funds: notify the ICB regarding the required payment of sums by the ICB to NHS England in respect of charges referable to the valuation or disposal of assets and such conditions as to records, certificates or otherwise; by notice, require the ICB to take such action or step in respect of the Delegated Funds, in order to ensure compliance by NHS England of its duties or functions under the NHS (including without limitation, Part 11 of the NHS Act) or any action taken or direction made by the Secretary of State under the NHS Act. The Schedules to this Agreement identify further financial provisions in respect of the exercise of the Delegated Functions including but not limited to SCHEDULE 5 (Financial Provisions and Decision Making Limits). NHS England may issue Mandated Guidance in respect of the financial arrangements in respect of the Delegated Functions.

Good Practice. The ICB must perform the Delegated Functions in such a manner: so as to ensure NHS England’s compliance with NHS England’s statutory duties in respect of the Reserved Functions and to enable NHS England to fulfil its Reserved Functions; , and having regard to NHS England’s accountability to the Secretary of State and Parliament in respect of both the Delegated Functions and Reserved Functions; , and so as to ensure that the ICB complies with its statutory duties and requirements including those duties set out in Section 14Z32 to Section 14Z44 and the NICE Regulations. In exercising the Delegated Functions, the ICB must comply with all Mandated Guidance as set out in this Agreement or as otherwise may be issued by NHS England from time to time including, but not limited to, ensuring compliance with National Standards and following National Specifications. Where Developmental Arrangements conflict with any other term of this Agreement, the Developmental Arrangements shall take precedence until such time as NHS England agrees to the removal or amendment of the relevant Developmental Arrangements in accordance with Clause 26 (Variations). The ICB must develop an operational scheme(s) of delegation defining those individuals or groups of individuals, including committees, who may discharge aspects of the Delegated Functions. For the purposes of this clause, the ICB may include the operational scheme(s) of delegation within its general organisational scheme of delegation. NHS England may by Contractual Notice allocate Contracts to the ICB such that they are included as part of the Delegation. The Delegated Functions must be exercised both in respect of the relevant Contract and any related matters concerning any Specialised Service Provider that is a party to a Contract. NHS England may add or remove Contracts where this is associated with an extension or reduction of the scope of the Delegated Functions. Subsequent to the Effective Date of Delegation and for the duration of this Agreement, unless otherwise agreed any new Contract entered into in respect of the Delegated Functions shall be managed by the ICB in accordance with the provisions of this Agreement. Subject to the provisions of this Agreement, the ICB may determine the arrangements for the exercise of the Delegated Functions.