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Nhs Nottingham and Nottinghamshire Clinical Commissioning Group

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Nhs Nottingham and Nottinghamshire Clinical Commissioning Group NHS NOTTINGHAM AND NOTTINGHAMSHIRE CLINICAL COMMISSIONING GROUP CONSTITUTION NHS Nottingham and Nottinghamshire Clinical Commissioning Group Constitution Version Effective Changes Date 1.0 1 April 2020 First version Constitution on establishment of the CCG 1.1 3 June 2020 Minor amendments to delegated financial limits Minor updates to terms of reference for Audit and Governance Committee and Primary Care Commissioning Committee 1.2 1 April 2021 Changes to member GP Practices to reflect mergers/closures. Contents 1 Introduction ....................................................................................................... 1 1.1 Name ............................................................................................................... 1 1.2 Statutory framework ........................................................................................ 1 1.3 Status of this Constitution ................................................................................ 2 1.4 Amendment and variation of this Constitution ................................................. 2 1.5 Related documents .......................................................................................... 2 1.6 Accountability and transparency ...................................................................... 3 1.7 Liability and indemnity ..................................................................................... 5 2 Area Covered by the CCG ................................................................................ 6 3 Membership Matters ......................................................................................... 7 3.1 Membership of the Clinical Commissioning Group .......................................... 7 3.2 Nature of membership and relationship with CCG ........................................... 7 3.3 Member Practice Meetings .............................................................................. 7 3.4 Member Practice Representatives ................................................................... 7 4 Arrangements for the Exercise of our Functions ........................................... 9 4.1 Good governance ............................................................................................ 9 4.2 General ............................................................................................................ 9 4.3 Authority to Act: the CCG .............................................................................. 10 4.4 Authority to Act: the Governing Body ............................................................. 10 5 Procedures for Making Decisions ................................................................. 11 5.1 Scheme of Reservation and Delegation (SoRD) ........................................... 11 5.2 Standing Orders ............................................................................................ 11 5.3 Standing Financial Instructions (SFIs) ........................................................... 11 5.4 The Governing Body: Its Role and Functions ................................................ 12 5.5 Composition of the Governing Body .............................................................. 13 5.6 Additional Attendees at the Governing Body Meetings .................................. 14 5.7 Appointments to the Governing Body ............................................................ 14 5.8 Committees and Sub-Committees ................................................................. 15 5.9 Committees of the Governing Body ............................................................... 15 5.10 Collaborative Commissioning Arrangements ............................................. 16 5.11 Joint Commissioning Arrangements with Local Authority Partners ............ 17 5.12 Joint Commissioning Arrangements – Other CCGs ................................... 18 5.13 Joint Commissioning Arrangements with NHS England ............................ 20 6 Provisions for Conflicts of Interest Management and Standards of Business Conduct .................................................................................................. 22 6.1 Conflicts of Interest ........................................................................................ 22 6.2 Declaring and Registering Interests ............................................................... 23 6.3 Training in Relation to Conflicts of Interest .................................................... 24 6.4 Standards of Business Conduct .................................................................... 24 Appendix 1: Definitions of Terms Used in This Constitution ............................. 25 Appendix 2: Nottinghamshire County Council Lower-layer Super Output Areas (LSOAs) covered by the CCG ................................................................................ 29 Appendix 3: Member Practices ............................................................................. 32 Appendix 4: Committee Terms of Reference ....................................................... 41 Audit and Governance Committee ........................................................................ 41 Remuneration and Terms of Service Committee .................................................. 48 Primary Care Commissioning Committee ............................................................. 52 Appendix 5: Standing Orders ................................................................................ 73 1. Statutory Framework and Status ................................................................... 73 2. Composition of Membership, Key Roles and Appointment Processes .......... 74 3 Member Practice Meetings and Decision Making .......................................... 84 4 Meetings of the Governing Body ................................................................... 86 5 Use of Seal and Authorisation of Documents ................................................ 90 6 Duty to Report Non-Compliance with Standing Orders ................................. 91 7 Suspension of Standing Orders ..................................................................... 91 Appendix 6: Standing Financial Instructions ...................................................... 92 1. Introduction .................................................................................................... 92 2 Internal Control and Audit .............................................................................. 94 3 Fraud, Bribery and Corruption (Economic Crime) .......................................... 97 4 Security Management .................................................................................... 98 5 Resource Limits, Allocations, Planning, Budgets, Budgetary Control ............ 98 6 Annual Report and Accounts ....................................................................... 102 7 Banking Arrangements ................................................................................ 102 8 Fees and Charges, Payable orders and other Negotiable Instruments ....... 104 9 Terms of Service, Allowances and Payment of Members, Employees, Volunteers, Off Payroll Workers, Non-Executive Directors and Non-Employed Officers ............................................................................................................... 106 10 Revenue Expenditure, Commercial, Procurement and Payments ............... 108 11 Capital Investment, Private Finance, Asset Register and Security of Assets 111 12 Payment of Accounts ................................................................................... 114 13 Stores and Receipt of Goods ...................................................................... 116 14 Disposals and Condemnations .................................................................... 117 15 Losses and Special Payments ..................................................................... 117 16 Information Technology (IT)......................................................................... 120 17 Information Governance .............................................................................. 122 18 Funds Held on Trust, Including Charitable Funds ........................................ 122 19 Retention of Records ................................................................................... 123 20 Risk Management and Insurance ................................................................ 123 21 Delegated Financial Limits .......................................................................... 126 1 Introduction 1.1 Name 1.1.1 The name of this Clinical Commissioning Group is NHS Nottingham and Nottinghamshire Clinical Commissioning Group (“the CCG”). 1.1.2 The CCG was formed through the merger of NHS Mansfield and Ashfield CCG, NHS Newark and Sherwood CCG, NHS Nottingham City CCG, NHS Nottingham North and East CCG, NHS Nottingham West CCG and NHS Rushcliffe 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 to commission certain health services are set out in sections 3 and 3A of the 2006 Act. These provisions are supplemented by other statutory powers and duties that apply to CCGs, as well as by regulations and directions (including, but not limited to, those issued under the 2006 Act). 1.2.2
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