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NHS Derby and Derbyshire Clinical Commissioning Group Constitution V3.8

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NHS Derby and Derbyshire Clinical Commissioning Group Constitution V3.8 NHS Derby and Derbyshire Clinical Commissioning Group Constitution NHS Derby and Derbyshire Clinical Commissioning Group Constitution v3.8 VERSION CONTROL Version Effective Date Changes 1.0 August 2018 Standard model 2.0 15 October 2018 Draft NHS Derby and Derbyshire CCG Constitution 2.1 13 November 2018 Updated Draft NHS Derby and Derbyshire CCG Constitution with NHSE Feedback 2.2 28 November 2018 Updated Draft NHS Derby and Derbyshire CCG Constitution with NHSE Feedback 2.3 11 December 2018 Updated Draft NHS Derby and Derbyshire CCG Constitution with NHS Feedback, E Polgar NHS England , Derbyshire CCG’s Lay Members and Engagement with the Derbyshire CCGs membership 2.4 25 January 2019 Updated Draft NHS Derby and Derbyshire CCG Constitution following approval of the draft at the Derbyshire CCGs Governing Body Meetings in Common 24 January 2019 3.0 31 January 2019 Updated Draft NHS Derby and Derbyshire CCG Constitution following formal feedback from NHS England received 31.1.19 3.1 19 February 2019 Final Approved NHS Derby and Derbyshire CCG Constitution 3.2 13 February 2020 Updated Terms of Reference for Primary Care Commissioning Committee and Audit Committee. 3.3. 8 April 2020 Updated 1.1, 2.2, 2.3, 2.10 and 4.1of Annexure 1: Decisions, Authorities and Duties Delegated to Officers of the CCG Governing Body; for the duration of the COVID-19 emergency, as approved by the CCG Governing Body on 2 April 2020 3.4 16 April 2020 Updated Section 3.6 GB Quorum of Appendix 3: Standing Orders, for the duration of the COVID-19 emergency, as approved by the CCG Governing Body on 16 April 2020. Updated Audit Committee Terms of Reference, Section 4.2: Membership for the duration of the COVID-19 emergency, as approved by the CCG’s Governing Body on 16 April 2020. 3.5 21 May 2020 Updated Remuneration Committee Terms of Reference, following annual review and approval. 3.6 6 August 2020 Amendment to GB Composition Section 5.5.3(l) – Removal of the Turnaround Director voting GB member role. This was a fixed term post which expired 31st July 2020 and no longer part of the organisations permanent establishment. Removal of COVID 19 emergency arrangements in section 3.6, 4.2 and Annexure 1, sections 1.1,2.2, 2.3, 2.10 and 4.1. 3.7 3 September 2020 Amendment to GB Composition Section 5.5.3(l) – inclusion of Executive Director of Commissioning as a voting GB Member; and Section 5.5.3(m) – Executive Director of Corporate Strategy and Delivery as a voting GB Member. NHS Derby and Derbyshire Clinical Commissioning Group Constitution v3.8 Page 2 of 100 Removal of 5.6.2 Additional Attendees at the Governing Body – 5.6.3(a) Executive Director of Commissioning; and 5.6.2 (b) Executive Director of Corporate Strategy and Delivery. Amendment to revert to the original quoracy pre covid arrangement, Standing Orders section 3.6 Quorum 1 October 2020 Appendix 2 Committee Terms of References Amendment to Audit Committee Terms of Reference Amendment to Primary Care Commissioning Committee Terms of Reference November 2020 Review of Appendix 4: Standing Financial Instructions – Financial Limits for Delegated Authority 26 January 2021 Updated Appendix 4 to include interim arrangements for Primary Care, and Nursing & Quality directorate 3.8 May & June 2021 Updates made to Audit Committee, and Primary Care Commissioning Committee Terms of Reference in Appendix 2, following six-monthly review and approval by Committee and Governing Body. NHS Derby and Derbyshire Clinical Commissioning Group Constitution v3.8 Page 3 of 100 CONTENTS 1. Introduction ...................................................................................................................6 1.1 Name ..........................................................................................................................6 1.2 Statutory Framework ..................................................................................................6 1.3 Status of this Constitution ...........................................................................................7 1.4 Amendment and Variation of this Constitution ............................................................7 1.5 Related documents .....................................................................................................7 1.6 Accountability and transparency .................................................................................8 1.7 Liability and Indemnity ................................................................................................11 2. Area Covered by the CCG .............................................................................................12 3. Membership Matters .....................................................................................................19 3.1 Membership of the Clinical Commissioning Group ...................................................... 19 3.2 Nature of Membership and Relationship with CCG ..................................................... 24 3.3 Speaking, Writing or Acting in the Name of the CCG .................................................. 24 3.4 Members’ Rights .........................................................................................................25 3.5 Members’ Meetings ....................................................................................................25 3.6 Practice Representatives ............................................................................................ 25 4. Arrangements for the Exercise of our Functions. ....................................................... 26 4.1 Good Governance ......................................................................................................26 4.2 General .......................................................................................................................26 4.3 Authority to Act: the CCG ............................................................................................ 27 4.4 Authority to Act: the Governing Body ..........................................................................27 5. Procedures for Making Decisions ................................................................................ 27 5.1 Scheme of Reservation and Delegation ......................................................................27 5.2 Standing Orders .........................................................................................................28 5.3 Standing Financial Instructions (SFIs) .........................................................................28 5.4 The Governing Body: Its Role and Functions ..............................................................28 5.5 Composition of the Governing Body ...........................................................................30 NHS Derby and Derbyshire Clinical Commissioning Group Constitution v3.8 Page 4 of 100 5.6 Additional Attendees at the Governing Body Meetings ............................................... 31 5.7 Appointments to the Governing Body..........................................................................31 5.8 Committees and Sub-Committees ..............................................................................31 5.9 Committees of the Governing Body ............................................................................32 5.10 Collaborative Commissioning Arrangements ..............................................................33 5.11 Joint Commissioning Arrangements with Local Authority Partners .............................. 34 5.12 Joint Commissioning Arrangements – Other CCGs .................................................... 35 5.13 Joint Commissioning Arrangements with NHS England .............................................. 37 6. Provisions for Conflict of Interest Management and Standards of Business Conduct .........................................................................................................................38 6.1 Conflicts of Interest .....................................................................................................38 6.2 Declaring and Registering Interests ............................................................................39 6.3 Training in Relation to Conflicts of Interest ..................................................................40 6.4 Standards of Business Conduct ..................................................................................40 Appendix 1 – Definitions of Terms Used in this Constitution ............................................. 41 Appendix 2 – Committee Terms of Reference ...................................................................... 44 Appendix 3 – Standing Orders ..............................................................................................64 Appendix 4 – Standing Financial Instructions – Financial Limits for Delegated Authority ........................................................................................................................79 NHS Derby and Derbyshire Clinical Commissioning Group Constitution v3.8 Page 5 of 100 1. INTRODUCTION 1.1 Name The name of this clinical commissioning group is NHS Derby and Derbyshire Clinical Commissioning Group (the “CCG”). 1.2 Statutory Framework 1.2.1 CCGs are established under the NHS Act 2006 (“the 2006 Act”), as amended by the Health and Social Care Act 2012. The CCG is a statutory body with the function of commissioning health services in England and is treated as an NHS body for the purposes of the 2006 Act. The powers and duties of the CCG
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