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Date: 13.03.12 Draft: 9 the HIGHLAND COUNCIL HIGHLAND HEALTH BOARD PARTNERSHIP AGREEMENT ADULT and CHILDREN's SERVICES Within Th

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Date: 13.03.12 Draft: 9 the HIGHLAND COUNCIL HIGHLAND HEALTH BOARD PARTNERSHIP AGREEMENT ADULT and CHILDREN's SERVICES Within Th Date: 13.03.12 Draft: 9 THE HIGHLAND COUNCIL HIGHLAND HEALTH BOARD PARTNERSHIP AGREEMENT ADULT AND CHILDREN'S SERVICES within the Highland Council area (LEAD AGENCY MODEL) INDEX Clause No. Heading Page No. 1 DEFINITIONS AND INTERPRETATION 2 2 DELEGATION OF FUNCTIONS 14 3 AIMS AND OUTCOMES 18 4 TRANSITION 18 5 COMMISSIONING ARRANGEMENTS 24 6 GOVERNANCE FRAMEWORK 24 7 GENERAL OBLIGATIONS 25 8 STAFF 27 9 FINANCES 28 10 ACCOMMODATION 31 11 OTHER RESOURCES/SERVICES 34 12 CONTRACTS, IPR, DATABASES AND SPECIAL EQUIPMENT 35 13 GRANTS 36 14 CAPITAL EXPENDITURE 36 15 VAT 38 16 REPORTING REQUIREMENTS 39 17 EMERGENCIES/ EMERGENCY PLANNING 40 18 INDEMNITIES 40 19 INSURANCE ARRANGEMENTS 42 20 CONFIDENTIALITY & SHARING OF INFORMATION 44 21 PERFORMANCE MANAGEMENT 44 22 COMPLAINTS 45 23 REVIEW 45 24 VARIATION 45 25 TRANSFERRING RECORDS 45 26 TITLE TO, AND CONDITION OF, ASSETS 46 27 WARRANTIES 46 28 CO-OPERATION 46 29 FORCE MAJEURE 47 30 DEFAULT 48 1 31 HAND-BACK FOLLOWING TERMINATION OF A DELEGATED FUNCTION 49 32 ASSIGNATION 49 33 WAIVER 49 34 NOTICES 49 35 PARTNERSHIP 50 36 SEVERABILITY 51 37 FREEDOM OF INFORMATION 51 38 DISPUTE RESOLUTION 52 39 PUBLICITY 53 40 COSTS 54 41 GOVERNING LAW 54 SCHEDULE PART 1A - ADULT SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 2) 56 SCHEDULE PART 1B - ADULT SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 2) 61 SCHEDULE PART 1C – CHILREN'S SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 2) 64 SCHEDULE PART 1D - CHILREN'S SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 2) 66 SCHEDULE PART 2A – ADULT SERVICES SUPPORT ARRANGEMENTS (CLAUSES 1 AND 11) 69 SCHEDULE PART 2B – CHILDREN’S SERVICES SUPPORT ARRANGEMENTS (CLAUSES 1 AND 11) 72 SCHEDULE PART 2C – SUPPORT FOR INTEGRATED ADULT SERVICES, INTEGRATED CHILDREN’S SERVICES, CRIMINAL JUSTICE SERVICES 73 SCHEDULE PART 3A - TRANSITIONAL ARRANGEMENTS – ADULT SERVICES (CLAUSE 1) 78 SCHEDULE PART 3B - TRANSITIONAL ARRANGEMENTS - CHILDREN’S SERVICES (CLAUSE 1) 86 SCHEDULE PART 3C – TRANSITIONAL ARRANGEMENTS: VEHICLES 87 SCHEDULE PART 3D – TRANSITIONAL ARRANGEMENTS: RETAINED NON-CARE CONTRACTS 98 2 SCHEDULE PART 3E - TRANSITIONAL ARRANGEMENTS: EQUIPMENT 99 SCHEDULE PART 4A GOVERNANCE FRAMEWORK (CLAUSES 1 AND 6) 101 SCHEDULE PART 4B - REVIEW OF GOVERNANCE FRAMEWORK (CLAUSE 6) 112 SCHEDULE PART 4C – CLINICAL GOVERNANCE ARRANGEMENTS (CLAUSE 6) 113 SCHEDULE PART 4D – RISK MANAGEMENT ARRANGEMENTS (CLAUSE 6) 116 SCHEDULE PART 5 – NOT USED 118 SCHEDULE PART 6 - HAND-BACK ON TERMINATION (CLAUSES 1 AND 31) 119 SCHEDULE PART 7 - INFORMATION GOVERNANCE, PATIENT INFORMATION, SERVICE USER INFORMATION, INFORMATION SHARING PROTOCOL (CLAUSES 1 AND 20) 124 SCHEDULE PART 8A 127 SCHEDULE PART 8B - TRANSFERRING CARE CONTRACTS – CHILDREN’S SERVICES DELEGATED FUNCTIONS (CLAUSE 1) 173 SCHEDULE PART 8C - NON-TRANSFERRING CONTRACTS – ADULT SERVICES DELEGATED FUNCTIONS (CLAUSE 1) 174 SCHEDULE PART 8D - NON-TRANSFERRING CONTRACTS – CHILDREN’S SERVICES DELEGATED FUNCTIONS (CLAUSE 1) 179 SCHEDULE PART 9 – POSITION STATEMENTS (CLAUSES 1 AND 2) 183 SCHEDULE PART 11 – ICT TRANSITIONAL ARRANGEMENTS FOR ADULT SERVICES AND CHILDREN’S SERVICES (CLAUSES 1, 4 AND 20) 207 SCHEDULE PART 12A - SPECIFICATION FOR ADULT INTEGRATED SERVICES (CLAUSE 1) 212 SCHEDULE PART 12B - SPECIFICATION FOR CHILDREN'S INTEGRATED SERVICES (CLAUSE 1) 216 PART 12C – GUIDANCE ON YOUNG PEOPLE 16+ PRESENTING TO CHILDREN’S OR ADULTS’ SERVICES FOR THE FIRST TIME 221 SCHEDULE PART 13A - TRANSFERRING ACCOMMODATION – ADULT SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 10) 228 3 SCHEDULE PART 13B - TRANSFERRING ACCOMMODATION – CHILDREN’S SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 10) 230 SCHEDULE PART 13C – SHARED ACCOMMODATION, ADULT SERVICES 231 SCHEDULE 13D – SHARED ACCOMMODATION, CHILDREN’S SERVICES 234 SCHEDULE PART 14A - TRANSFERRING EMPLOYEES – CHILDREN’S SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 8) 238 SCHEDULE PART 14B - TRANSFERRING EMPLOYEES – ADULT SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 8) 239 SCHEDULE PART 15A – NOT USED 240 SCHEDULE PART 15B – NOT USED 240 SCHEDULE PART 15C – NOT USED 240 SCHEDULE PART 15D - OTHER RESOURCES/SERVICES (CLAUSE 11) 241 SCHEDULE PART 16A - TRANSFERRING VEHICLES – ADULT SERVICES DELEGATED FUNCTIONS (CLAUSES 1 AND 4.8) 243 SCHEDULE PART 16B - TRANSFERRING VEHICLES (AUTHORITY PERSONAL LEASES) – ADULT’S SERVICES DELEGATED FUNCTIONS 244 SCHEDULE PART 16C - TRANSFERRING VEHICLES (BOARD PERSONAL LEASES) – CHILDREN’S SERVICES DELEGATED FUNCTIONS (CLAUSE 1) 245 SCHEDULE PART 16D - TRANSFERRING VEHICLES – ADULTS AND CHILDREN’S SERVICES DELEGATED FUNCTIONS (CLAUSE 1) 248 SCHEDULE PART 17A - WARRANTIES – ADULT SERVICES DELEGATED FUNCTIONS (CLAUSE 1) 249 SCHEDULE PART 17B - WARRANTIES – CHILDREN’S SERVICES DELEGATED FUNCTIONS (CLAUSE 1) 250 SCHEDULE PART 18A - MENTAL HEALTH OFFICERS – SPECIAL ARRANGEMENTS (CLAUSE 2) 251 SCHEDULE PART 18B - ASP OFFICERS – SPECIAL ARRANGEMENTS (CLAUSE 2) 255 SCHEDULE PART 18C – NHSH EMPLOYEES SUPPORTING SS 10 AND 12 AWI ACT 2000 – SPECIAL ARRANGEMENTS (CLAUSE 2) 256 SCHEDULE PART 19 - SELF DIRECTED SUPPORT (CLAUSE 2) 257 4 SCHEDULE PART 20A – AIMS & OUTCOMES FOR INTEGRATED ADULT SERVICES (CLAUSE 3) 259 SCHEDULE PART 20B – AIMS & OUTCOMES FOR INTEGRATED CHILDREN’S SERVICES (CLAUSE 3) 261 SCHEDULE PART 20C - MECHANISM FOR VARYING AIMS AND OUTCOMES (CLAUSE 3) 262 SCHEDULE PART 21A - TRANSFER OF CONTRACTS (CLAUSES 4 AND 12) 263 SCHEDULE PART 21B - NON-TRANSFERRING CARE CONTRACTS (CLAUSES 4 AND 12) 266 SCHEDULE PART 21C - INTERIM ARRANGEMENTS (TRANSFERRING CARE CONTRACTS) (CLAUSE 4) 268 SCHEDULE PART 21D - INTERIM ARRANGEMENTS (NON-TRANSFERRING CARE CONTRACTS) (CLAUSE 4) 270 SCHEDULE PART 22A - TRANSFER OF EMPLOYEES (CLAUSES 4 AND 8) 273 SCHEDULE PART 22B - PENSIONS ARRANGEMENTS FOR TRANSFERRING EMPLOYEES (CLAUSES 4 AND 8) 278 SCHEDULE PART 22C - EMPLOYEES – SPECIAL ENTITLEMENTS (CLAUSE 8) 279 SCHEDULE PART 22D - PARTNERSHIP WORKING (CLAUSE 8) 280 PART 22E – BANK STAFF AND RELIEF STAFF 281 PART 22F – EQUAL PAY CLAIMS 283 SCHEDULE PART 23 - DOCUMENTS TO BE SIGNED (CLAUSE 4) 285 SCHEDULE PART 24A - COMMISSIONING ARRANGEMENTS (CLAUSE 5) 286 SCHEDULE PART 24B - PERIODIC REVIEW OF COMMISSIONING ARRANGEMENTS (CLAUSE 5) 290 SCHEDULE PART 25 - INTERFACE ARRANGEMENTS (CLAUSE 7) 291 SCHEDULE PART 26A - PROFESSIONAL LEADERSHIP – GENERAL (CLAUSE 8) 292 SCHEDULE PART 26B - ROLE OF SOCIAL WORKER AND CHIEF SOCIAL WORKER (CLAUSE 8) 293 SCHEDULE PART 26C - ROLE OF EXECUTIVE NURSE DIRECTOR AND NURSING, MIDWIFERY AND ALLIED HEALTH PROFESSIONS (CLAUSE 8) 309 5 SCHEDULE PART 26D - PROFESSIONAL PUBLIC HEALTH LEADERSHIP FRAMEWORK (CLAUSE [•]) 327 SCHEDULE PART 27A- FINANCE PROTOCOL (CLAUSES 9 AND 21) 338 SCHEDULE PART 27B – ARRANGEMENTS FOR INVOICING ETC 341 SCHEDULE PART 28 – NOT USED 342 SCHEDULE PART 29 - CIVIL EMERGENCIES, EMERGENCY PLANNING ETC (CLAUSE 17) 343 SCHEDULE PART 30A – ADULT SERVICES PERFORMANCE FRAMEWORK (CLAUSE 7) 346 SCHEDULE PART 30B – PERFORMANCE MANAGEMENT FRAMEWORK CHILDREN’SSERVICES 352 SCHEDULE PART 30C - REVIEW OF PERFORMANCE MANAGEMENT FRAMEWORK (CLAUSE 21) 364 SCHEDULE PART 31A – INSURANCE REQUIREMENTS 365 SCHEDULE PART 31B – COMPLAINTS (CLAUSE 22) 367 SCHEDULE PART 32 – REVIEW (CLAUSE 23) 373 SCHEDULE PART 33 – MEDIA PROTOCOL 375 SCHEDULE PART 34 – LICENCE TO OCCUPY 376 6 PARTNERSHIP AGREEMENT between THE HIGHLAND COUNCIL, established under the Local Government etc (Scotland) Act 1994 and having its principal offices at Glenurquhart Road, Inverness IV3 5NX ("HC"); and HIGHLAND HEALTH BOARD, established under section 2(1) of the National Health Service (Scotland) Act 1978 (operating as “NHS Highland”) and having its principal offices at Assynt House, Beechwood Park, Inverness IV2 3BW ("NHSH") BACKGROUND (A) HC and NHSH have been working together through The Highland Partnership to implement a number of programmes and initiatives directed towards securing a more integrated approach to the delivery of adult and children's services within the Operating Area (as defined below). (B) Section 15 of the 2002 Act (as defined below) enables a local authority and an NHS body (as defined in the 2002 Act) to enter into arrangements for (i) the delegation to an NHS body of certain functions and the delegation to a local authority of certain functions; and (ii) the making of payments by the local authority to the NHS body in connection with such arrangements and the making of payments by the NHS body to the local authority in connection with such arrangements. (C) Building upon the work carried out to date as outlined in paragraph (A), the Partners wish to enter into the arrangements referred to in this Agreement, in pursuance of section 15 of the 2002 Act. (D) The Partners confirm, for the avoidance of doubt:- (i) that they have complied in full with the provisions of regulation 6 (consultation) of the 2002 Regulations (as defined below); (ii) that the arrangements established by this Agreement are consistent with the Local Plan (as defined below); (iii) that the Partners have complied in full with regulation 8 (requirements relating to affected employees) of the 2002 Regulations; (iv) that the arrangements established by this Agreement will, in the opinion of each of the Partners, be likely to lead to an improvement in 1 the way in which the Adult Services Delegated Functions (as defined below) and the Children's Services Delegated Functions (as defined below) are exercised; and in particular (in addition to other improvements in the way in which the relevant functions are exercised) the arrangements are, in the opinion of each of the Partners, likely to lead to an improvement in the provision to
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