PART 5Standing rules: commissioning contract terms
Matters to be included in commissioning contracts16
1
A commissioning contract entered into by a relevant body must contain terms and conditions that prescribe the circumstances in which the health service provider must provide to a relevant person—
a
an appropriate apology; and
b
the relevant information,
where there has been a patient safety incident.
2
In this regulation—
“appropriate apology” means a sincere expression of sorrow or regret, given in writing, for the harm that has resulted from a patient safety incident;
“patient safety incident” means an unintended or unexpected incident that occurs in respect of a patient, during and as a result of the provision of health care services, that could have led to, or did lead to, harm to that patient;
“relevant person” means the patient in respect of whom the patient safety incident occurred, or someone lawfully acting on that patient's behalf;
“relevant information”, in relation to a patient safety incident, means written details of—
- a
the patient safety incident,
- b
any investigation that has been carried out into that incident, and any causes of that incident, or other findings, that have been identified as a result of such an investigation, and
- c
any steps that have been taken to prevent the recurrence of such an incident.
- a
Terms and conditions to be drafted by the Board17
1
The Board must draft—
a
terms and conditions making provision for the matters specified in regulation 16; and
b
such other terms and conditions as the Board considers are, or might be, appropriate for inclusion in commissioning contracts entered into by a relevant body.
2
The Board may draft model commissioning contracts which reflect the terms and conditions it has drafted pursuant to paragraph (1).
3
A relevant body must incorporate the terms and conditions drafted by virtue of paragraph (1)(a) in commissioning contracts entered into by it.
4
The Board may require CCGs to incorporate the terms and conditions it has drafted pursuant to paragraph (1)(b) in commissioning contracts that a CCG enters into.
5
If a CCG is required by the Board to incorporate terms and conditions pursuant to paragraph (4), it must do so.
Consultation by the Board18
1
The Board must consult the persons specified in paragraph (2)—
a
before exercising its functions under regulation 17(1) and (2) for the first time; and
b
before revising—
i
terms and conditions it has drafted pursuant to regulation 17(1), or
ii
a model commissioning contract it has drafted pursuant to regulation 17(2),
in a way which would, in the opinion of the Board, result in a substantial change to those terms and conditions or that contract (as the case may be).
Transitional provision19
1
The requirements in regulations 16 and 17 apply in relation to commissioning contracts entered into on or after 1st February 2013.
2
Consultation undertaken before the coming into force of this Part is as effective for the purposes of regulation 18 as consultation undertaken after the coming into force of this Part.