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—

    1. a

      the patient safety incident,

    2. 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

    3. c

      any steps that have been taken to prevent the recurrence of such an incident.

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).

2

The persons specified for the purposes of paragraph (1) are—

a

the Care Quality Commission M1;

b

CCGs;

c

Healthwatch England M2;

d

Monitor M3;

e

the Secretary of State; and

f

such other persons as the Board considers it is appropriate to consult.

Annotations:
Marginal Citations
M1

The Care Quality Commission is established by section 1 of the Health and Social Care Act 2008 (c. 14) (“the 2008 Act”).

M2

Healthwatch England is established as a committee of the Care Quality Commission by virtue of paragraph 6(1A) of Schedule 1 to the 2008 Act, as amended by section 181(2) of the 2012 Act.

M3

Monitor is the new name given to the Independent Regulator of NHS Foundation Trusts: see section 61 of the 2012 Act.

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.