The name of this clinical commissioning group is NHS Portsmouth Clinical Commissioning Group (“the CCG”).
1.2 Statutory Framework
1.2.1 CCGs are established under the NHS Act 2006 (“the 2006 Act”), as amended by the Health and Social Care Act 2012. The CCG is a statutory body with the function of commissioning health services in England and is treated as an NHS body for the purposes of the 2006 Act. The powers and duties of the CCG to commission certain health services are set out in sections 3 and 3A of the 2006 Act. These provisions are supplemented by other statutory powers and duties that apply to CCGs, as well as by regulations and directions (including, but not limited to, those issued under the 2006 Act).
1.2.2 When exercising its commissioning role, the CCG must act in a way that is consistent with its statutory functions. Many of these statutory functions are set out in the 2006 Act but there are also other specific pieces of legislation that apply to CCGs, including the Equality Act 2010 and the Children Acts. Some of the statutory functions that apply to CCGs take the form of statutory duties, which the CCG must comply with when exercising its functions. These duties include things like:
a) Acting in a way that promotes the NHS Constitution (section 14P of the 2006 Act);
b) Exercising its functions effectively, efficiently and economically (section 14Q of the 2006 Act);
c) Financial duties (under sections 223G-K of the 2006 Act);
d) Child safeguarding (under the Children Acts 2004,1989);
e) Equality, including the public-sector equality duty (under the Equality Act 2010); and
f) Information law, (for instance under data protection laws, such as the EU General Data Protection Regulation 2016/679, and the Freedom of Information Act 2000).
1.2.3 Our status as a CCG is determined by NHS England. All CCGs are required to have a constitution and to publish it.
1.2.4 The CCG is subject to an annual assessment of its performance by NHS England which has powers to provide support or to intervene where it is satisfied that a CCG is failing, or has failed, to discharge any of our functions or that there is a significant risk that it will fail to do so.
1.2.5 CCGs are clinically-led membership organisations made up of general practices. The Members of the CCG are responsible for determining the governing arrangements for the CCG, including arrangements for clinical leadership, which are set out in this Constitution.
1.3 Status of this Constitution
1.3.1 This CCG was first authorised on 1 April 2013
1.3.2 Changes to this constitution are effective from the date of approval by NHS England.
1.3.3 The constitution is published on the CCG website at http://www.portsmouthccg.nhs.uk
1.4 Amendment and Variation of this Constitution
1.4.1 This constitution can only be varied in two circumstances.
a) where the CCG applies to NHS England and that application is granted; and
b) where in the circumstances set out in legislation NHS England varies the constitution other than on application by the CCG.
1.4.2 The Accountable Officer may periodically propose amendments to the constitution which shall be considered and approved by the Governing Body unless:
- Changes are thought to have a material impact
- Changes are proposed to the reserved powers of the members
- At least half (50%) of all the Governing Body Members formally request that the amendments be put before the membership for approval.
1.5 Related documents
1.5.1 This Constitution is also informed by a number of documents which provide further details on how the CCG will operate. They are the CCG’s:
a) Standing Orders – which set out the arrangements for meetings and the selection and appointment processes for the CCG’s Committees, and the CCG Governing Body (including Committees).
b) The Scheme of Reservation and Delegation – sets out those decisions that are reserved for the membership as a whole and those decisions that have been delegated by the CCG or the Governing Body
c) Prime financial policies – which set out the arrangements for managing the CCG’s financial affairs.
d) Standing Financial Instructions – which set out the delegated limits for financial commitments on behalf of the CCG.
e) The CCG Governance Map which includes:
- Standards of business conduct including the arrangements the CCG has made compliance against the management of conflicts of interest;
- Non-statutory Committee terms of reference;
- Lay Member portfolio information
f) Governing Body Sub-Committee Terms of Reference – which includes the following:
- Remuneration Committee
- Audit Committee
- Primary Care Commissioning Committee
1.6 Accountability and transparency
1.6.1 The CCG will demonstrate its accountability to its members, local people, stakeholders and NHS England in a number of ways, including by being transparent. We will meet our statutory requirements to:
a) publish our constitution and other key documents including
- Registers of Interests
- Registers of Procurement Information
- Registers of Gifts and Hospitality
- The CCG Management of Conflicts of Interest Policy
- The CCG Gifts & Hospitality Policy
- The CCG Working with Pharmaceutical Industry Policy
- The CCG Governance Map
1. appoint independent lay members and non-GP clinicians to our Governing Body;
2. manage actual or potential conflicts of interest in line with NHS England’s statutory guidance Managing Conflicts of Interest: Revised Statutory Guidance for CCGs 2017 and expected standards of good practice (see also part 6 of this constitution);
3. hold Governing Body meetings in public (except where we believe that it would not be in the public interest);
4. publish an annual commissioning strategy (titled the Operating Plan) that takes account of national and local priorities;
5. procure services in a manner that is open, transparent, non-discriminatory and fair to all potential providers and publish a Procurement Framework;
6. involve the public, in accordance with its duties under section 14Z2 of the 2006 Act.
7. When discharging its duties under section 14Z2, the CCG will ensure that it will act in an open, fair and non-discriminatory way, involving patients and stakeholders in all aspects of healthcare, including:
8. complying with local authority health overview and scrutiny requirements;
9. meeting annually in public to present an annual report which is then published;
10. producing annual accounts which are externally audited;
11. publishing a clear complaints process;
12. complying with the Freedom of Information Act 2000 and with the Information Commissioner Office requirements regarding the publication of information relating to the CCG;
13. providing information to NHS England as required; and
14. being an active member of the local Health and Wellbeing Body.
1.7 Liability and Indemnity
1.7.1 The CCG is a body corporate established and existing under the 2006 Act. All financial or legal liability for decisions or actions of the CCG resides with the CCG as a public statutory body and not with its Member practices. No Member or former Member, nor any person who is at any time a proprietor, officer or employee of any Member or former Member, shall be liable (whether as a Member or as an individual) for the debts, liabilities, acts or omissions, howsoever caused by the CCG in discharging its statutory functions. No Member or former Member, nor any person who is at any time a proprietor, officer or employee of any Member of former Member, shall be liable on any winding-up or dissolution of the CCG to contribute to the assets of the CCG, whether for the payment of its debts and liabilities or the expenses of its winding-up or otherwise. The CCG may indemnify any Member practice representative or other officer or individual exercising powers or duties on behalf of the CCG in respect of any civil liability incurred in the exercise of the CCGs’ business, provided that the person indemnified shall not have acted recklessly or with gross negligence.