16.—[F1(1) A commissioning contract entered into by a relevant body must contain terms and conditions that ensure that the health service provider complies with all the duties imposed upon a registered person by regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (duty of candour) (“the 2014 Regulations”), as modified by paragraph (1B), irrespective of whether—
(a)the health service provider is a registered person; or
(b)the health service provider is carrying on a regulated activity.]
[F2(1A) A commissioning contract entered into by a relevant body must contain terms and conditions that ensure that the health service provider—
(a)co-operates with—
(i)the LETB for each area in which it provides such services; and
(ii)any LETB which represents that provider by virtue of arrangements made by HEE under paragraph 2(4)(c) of Schedule 6 to the Care Act 2014,
in such manner and to such extent as the LETB in question may request, in planning the provision of, and in providing, education and training for health care workers; and
(b)provides the LETB in question with such information as it may request.]
[F3(1B) For the purposes of paragraph (1), regulation 20 of the 2014 Regulations is modified as follows—
(a)for “Registered persons” in paragraph (1), substitute “Health service providers”;
(b)for “registered person”, in each place it appears, substitute “health service provider”;
(c)in paragraph (1), omit “in carrying on a regulated activity”; and
(d)in paragraphs (8) and (9) for “a regulated activity”, substitute “health care services”;]
(2) In this regulation—
F4...
[F5“LETB” means a local education and training board appointed by Health Education England under section 103 of the Care Act 2014;]
[F6“registered person” has the same meaning as in regulation 2(1) of the 2014 Regulations (interpretation);]
[F6“regulated activity” means an activity prescribed as a regulated activity for the purposes of section 8(1) of the Health and Social Care Act 2008 (regulated activity) by regulation 3 of the 2014 Regulations (prescribed activities).]
F4...
F4...
F4...
Textual Amendments
F1Reg. 16(1) substituted (1.4.2016) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 3(a) (with reg. 5)
F2Reg. 16(1A) inserted (1.4.2015) by The Health Education England Regulations 2014 (S.I. 2014/3215), regs. 1(1), 5(2)
F3Reg. 16(1B) inserted (1.4.2016) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 3(b) (with reg. 5)
F4Words in reg. 16(2) omitted (1.4.2016) by virtue of The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016 (S.I. 2016/293), regs. 1(1), 3(c)(i) (with reg. 5)
F5Words in reg. 16(2) inserted (1.4.2015) by The Health Education England Regulations 2014 (S.I. 2014/3215), regs. 1(1), 5(3)
17.—(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.
18.—(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.
Marginal Citations
M1The Care Quality Commission is established by section 1 of the Health and Social Care Act 2008 (c. 14) (“the 2008 Act”).
M2Healthwatch 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.
M3Monitor is the new name given to the Independent Regulator of NHS Foundation Trusts: see section 61 of the 2012 Act.
19.—(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.