The National Health Service (Clinical Commissioning Groups) Regulations 2012

Regulation 7(2)

SCHEDULE 1 Factors relating to applications for CCG establishment or merger

Interpretation

1.—(1) In this Schedule—

(a) references to “the CCG” (and to its members) are to the CCG which would be established if an application for its establishment were granted (and to those who would be its members); and

(b) references to an application are to such an application (and references to applicants are to be construed accordingly).

(2) In sub-paragraphs (d) and (e) of paragraph 2—

(a) “unitary local authority” means—

(i) the council of a county for which there are no district councils,

(ii) the council of a district in an area for which there is no county council,

(iii) a London borough council,

(iv) the Common Council of the City of London,

(v) the Council of the Isles of Scilly,

(vi) a county borough council;

(b) “upper-tier county council” means a county council for each part of whose area there is a district council.

Factors

2.  The following are the factors referred to in regulation 7(2)—

(a) Whether the application demonstrates that the CCG has made arrangements to ensure the effective participation of each member in the exercise of the CCG’s functions. (Paragraphs (a) and (e))

(b) Whether the application demonstrates that the CCG’s proposed financial arrangements and controls will be appropriate to secure proper stewardship of and accountability for public money. (Paragraphs (a), (d), (e) and (f))

(c) Whether most of the persons who are to be provided with primary medical services by a member of the CCG usually reside in the area specified in the CCG’s constitution. (Paragraphs (c) and (e))

(d) Whether the area specified in the CCG’s constitution crosses the boundary of a unitary local authority or an upper-tier county council; and, if it does, the extent to which the application demonstrates that the proposed arrangements would be in the best interests of the persons for whom the CCG would have responsibility. (Paragraphs (c) and (e))

(e) Whether any unitary local authority or upper-tier county council whose area coincides with, or includes the whole or any part of, the area specified in the CCG’s constitution considers that the arrangements made by the applicants to ensure that the CCG will be able to discharge its functions are appropriate. (Paragraphs (c) and (e))

When considering this factor, the Board must also take into account any observations by the applicants on the views expressed by the local authority.

(f) Whether the application demonstrates that any arrangements proposed by the CCG for working with local authorities(1) whose area coincides with, or includes the whole or any part of, the area specified in the CCG’s constitution are appropriate. (Paragraphs (c) and (e))

(g) Whether the application demonstrates that any arrangements proposed by the CCG under section 14Z3 of the 2006 Act (which provides for a CCG to make arrangements with one or more other CCGs in relation to the exercise of their commissioning functions) are appropriate. (Paragraph (e))

(h) Whether the application demonstrates that any services or facilities provided to the CCG in order to support it in discharging its commissioning functions will be of an appropriate nature and quality. (Paragraph (e))

For the purposes of this sub-paragraph, a CCG’s commissioning functions are the functions of the group in arranging for the provision of services as part of the health service.

(i) Whether the application demonstrates how the CCG will be able to draw on the expertise and knowledge of its members. (Paragraph (e))

(j) Whether the application demonstrates that appropriate arrangements have been made for recruiting, training and otherwise supporting employees of the CCG. (Paragraph (e))

(k) Whether the application demonstrates that those who would assume leadership roles in the CCG have appropriate aptitudes, qualifications and experience. (Paragraphs (e) and (f))

(l) Whether the application demonstrates that appropriate arrangements have been made to secure that the CCG will continue to have in its leadership roles persons with appropriate aptitudes, qualifications and experience. (Paragraphs (e) and (f))

(1)

“Local authority” is defined in section 275(1) of the 2006 Act.