The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

PART 5 E+W Standing rules: commissioning contract terms

Matters to be included in commissioning contracts E+W

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—

[F3 (a) co-operates with the education and training body in such manner and to such extent as the education and training body may request, in planning the provision of, and in providing, education and training for health care workers; and]

(b) provides [F4 the education and training body] with such information as it may request.]

[F5 (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—

F6 ...

[F7 “education and training body” means a local education and training board appointed by Health Education England under section 103 of the Care Act 2014;]

F8 ...

[F9 “registered person” has the same meaning as in regulation 2(1) of the 2014 Regulations (interpretation);]

[F9 “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).]

F6 ...

F6 ...

F6 ...

Textual Amendments

F1 Reg. 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)

F2 Reg. 16(1A) inserted (1.4.2015) by The Health Education England Regulations 2014 (S.I. 2014/3215), regs. 1(1), 5(2)

F3 Reg. 16(1A)(a) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 127(2)(a)(i)

F4 Words in reg. 16(1A)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 127(2)(a)(ii)

F5 Reg. 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)

F6 Words 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)

F7 Words in reg. 16(2) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 127(2)(b)(i)

F8 Words in reg. 16(2) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 127(2)(b)(ii)

F9 Words in reg. 16(2) 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(c)(ii) (with reg. 5)

Terms and conditions to be drafted by the Board E+W

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 [F10 integrated care boards] to incorporate the terms and conditions it has drafted pursuant to paragraph (1)(b) in commissioning contracts that a CCG enters into.

(5) If [F10 an integrated care board] is required by the Board to incorporate terms and conditions pursuant to paragraph (4), it must do so.

Textual Amendments

F10 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

Consultation by the Board E+W

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) [F10 integrated care boards] ;

(c) Healthwatch England M2 ;

F11 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the Secretary of State; and

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

Textual Amendments

F10 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F11 Reg. 18(2)(d) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 109(2)

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.

Transitional provision E+W

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.

[F12 (3) Consultation undertaken before 1st July 2022 is as effective for the purposes of regulation 18 as consultation undertaken after 1st July 2022.]

Textual Amendments

F12 Reg. 19(3) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 209(3)