Common use of FURTHER ARRANGEMENTS Clause in Contracts

FURTHER ARRANGEMENTS. 11.1 The ICB must give due consideration to whether any of the Delegated Functions should be exercised collaboratively with other NHS bodies or Local Authorities including, without limitation, by means of arrangements under sections 65Z5 and 75 of the NHS Act. 11.2 The ICB may only make arrangements with another person (a “Sub-Delegate”) concerning the exercise of the Delegated Functions (“Further Arrangements”), including without limitation arrangements under sections 65Z5 and 75 of the NHS Act, with the prior written approval of NHS England. 11.3 The approval of any Further Arrangements may: 11.3.1 include approval of the terms of the proposed Further Arrangements; and 11.3.2 require conditions to be met by the ICB and the Sub-Delegate in respect of that arrangement. 11.4 All Further Arrangements must be made in writing. 11.5 The ICB must not: 11.5.1 terminate Further Arrangements; or 11.5.2 make any material changes to the terms of Further Arrangements; without the prior written approval of NHS England. 11.6 If the ICB enters into a Further Arrangement it must ensure that the Sub-Delegate does not make onward arrangements for the exercise of any or all of the Delegated Functions without the prior written approval of NHS England. 11.7 The terms of this clause 11 do not prevent the ICB from making arrangements for assistance and support in the exercise of the Delegated Functions with any person, where such arrangements reserve the consideration and making of any decision in respect of a Delegated Function to the ICB. 11.8 NHS England requires the ICB to make arrangements for assistance and support in the exercise of the Delegated Functions with those persons described at SCHEDULE 6 and such other persons as NHS England may require from time to time. 11.9 Where Further Arrangements are made, any positive obligation or duty on the part of the ICB under this Agreement that is relevant to those Further Arrangements shall also require the ICB to ensure that all Sub-Delegates comply with that positive obligation or duty and support the ICB in doing so. In the same way, any negative duty or obligation on the part of the ICB under this Agreement that is relevant to Further Arrangement shall also require the ICB to ensure that all Sub-Delegates comply with that negative obligation or duty and support the ICB in doing so.

FURTHER ARRANGEMENTS. 11.1 The ICB must give due consideration to whether any of the Delegated Functions should be exercised collaboratively with other NHS bodies or Local Authorities including, without limitation, by means of arrangements under sections section 65Z5 and section 75 of the NHS Act. 11.2 The ICB may only make arrangements with another person (a “Sub-Delegate”) concerning the exercise of the Delegated Functions (“Further Arrangements”), including without limitation arrangements under sections section 65Z5 and section 75 of the NHS Act, with the prior written approval of NHS England. 11.3 The approval of any Further Arrangements may: 11.3.1 include approval of the terms of the proposed Further Arrangements; and 11.3.2 require conditions to be met by the ICB and the Sub-Delegate in respect of that arrangement. 11.4 All Further Arrangements must be made in writing. 11.5 The ICB must not: 11.5.1 terminate Further Arrangements; or 11.5.2 make any material changes to the terms of Further Arrangements; , 11.5.3 without the prior written approval of NHS England. 11.6 If the ICB enters into a Further Arrangement it must ensure that the Sub-Delegate does not make onward arrangements for the exercise of any or all of the Delegated Functions without the prior written approval of NHS England. 11.7 The terms of this clause 11 do not prevent the ICB from making arrangements for assistance and support in the exercise of the Delegated Functions with any person, where such arrangements reserve the consideration and making of any decision in respect of a Delegated Function to the ICB. 11.8 NHS England requires the ICB to make arrangements for assistance and support in the exercise of the Delegated Functions with those persons described at in the Schedules including, but not limited to SCHEDULE 6 (Mandated Assistance and Support) and with such other persons as NHS England may require from time to time. 11.9 Where Further Arrangements are made, and unless NHS England has otherwise given prior written agreement, any positive obligation or duty on the part of the ICB under this Agreement that is relevant to those Further Arrangements shall also require the ICB to ensure that all Sub-Delegates comply with that positive obligation or duty and support the ICB in doing so. In the same way, any negative duty or obligation on the part of the ICB under this Agreement that is relevant to Further Arrangement shall also require the ICB to ensure that all Sub-Delegates comply with that negative obligation or duty and support the ICB in doing so.

FURTHER ARRANGEMENTS. ‌ 11.1 The ICB must give due consideration to whether any of the Delegated Functions should be exercised collaboratively with other NHS bodies or Local Authorities including, without limitation, by means of arrangements under sections 65Z5 and 75 of the NHS Act. 11.2 The ICB may only make arrangements with another person (a “Sub-Delegate”) concerning the exercise of the Delegated Functions (“Further Arrangements”), including without limitation arrangements under sections 65Z5 and 75 of the NHS Act, with the prior written approval of NHS England.England.‌ 11.3 The approval of any Further Arrangements may: 11.3.1 include approval of the terms of the proposed Further Arrangements; and 11.3.2 require conditions to be met by the ICB and the Sub-Delegate in respect of that arrangement. 11.4 All Further Arrangements must be made in writing. 11.5 The ICB must not: 11.5.1 terminate Further Arrangements; or 11.5.2 make any material changes to the terms of Further Arrangements; without the prior written approval of NHS England.England.‌ 11.6 If the ICB enters into a Further Arrangement it must ensure that the Sub-Delegate does not make onward arrangements for the exercise of any or all of the Delegated Functions without the prior written approval of NHS England. 11.7 The terms of this clause 11 do not prevent the ICB from making arrangements for assistance and support in the exercise of the Delegated Functions with any person, where such arrangements reserve the consideration and making of any decision in respect of a Delegated Function to the ICB. 11.8 NHS England requires the ICB to make arrangements for assistance and support in the exercise of the Delegated Functions with those persons described at SCHEDULE 6 and such other persons as NHS England may require from time to time. 11.9 Where Further Arrangements are made, any positive obligation or duty on the part of the ICB under this Agreement that is relevant to those Further Arrangements shall also require the ICB to ensure that all Sub-Delegates comply with that positive obligation or duty and support the ICB in doing so. In the same way, any negative duty or obligation on the part of the ICB under this Agreement that is relevant to Further Arrangement shall also require the ICB to ensure that all Sub-Delegates comply with that negative obligation or duty and support the ICB in doing so.

FURTHER ARRANGEMENTS. 11.1 The 12.1 In addition to any ICB Collaboration Arrangement agreed in accordance with Clause 8 (ICB Collaboration Arrangements) the ICB must give due consideration to whether any of the Delegated Functions should be exercised collaboratively with other NHS bodies or Local Authorities including, without limitation, by means of arrangements under sections section 65Z5 and section 75 of the NHS ActAct (“Further Arrangements”). 11.2 12.2 The ICB may only make arrangements Further Arrangements with another person (a “Sub-Delegate”) concerning the exercise of the Delegated Functions (“Further Arrangements”), including without limitation arrangements under sections 65Z5 and 75 of the NHS Act, with the prior written approval of NHS England. 11.3 12.3 The approval of any Further Arrangements may: 11.3.1 12.3.1 include approval of the terms of the proposed Further Arrangements; and 11.3.2 12.3.2 require conditions to be met by the ICB and the Sub-Delegate in respect of that arrangement. 11.4 12.4 All Further Arrangements must be made in writing. 11.5 12.5 The ICB must not: 11.5.1 not terminate Further Arrangements; or 11.5.2 make any material changes to the terms of Further Arrangements; Arrangements without the prior written approval of NHS England. 11.6 12.6 If the ICB enters into a Further Arrangement it must ensure that the Sub-Delegate does not make onward arrangements for the exercise of any or all of the Delegated Functions without the prior written approval of NHS England. 11.7 12.7 The terms of this clause 11 Clause 12 do not prevent the ICB from making arrangements for assistance and support in the exercise of the Delegated Functions with any person, where such arrangements reserve the consideration and making of any decision in respect of a Delegated Function to the ICB. 11.8 NHS England requires the ICB to make arrangements for assistance and support in the exercise of the Delegated Functions with those persons described at SCHEDULE 6 and such other persons as NHS England may require from time to time. 11.9 12.8 Where Further Arrangements are made, and unless NHS England has otherwise given specific prior written agreement, any positive obligation obligations or duty duties on the part of the ICB under this Agreement that is are relevant to those Further Arrangements shall also require the ICB to ensure that all Sub-Delegates comply with that positive obligation such obligations or duty and support the ICB in doing so. In the same way, any negative duty or obligation on the part of the ICB under this Agreement that is relevant to Further Arrangement shall also require the ICB to ensure that all Sub-Delegates comply with that negative obligation or duty duties and support the ICB in doing so.

FURTHER ARRANGEMENTS. 11.1 The ICB must give due consideration to whether any of the Delegated Functions should be exercised collaboratively with other NHS bodies or Local Authorities including, without limitation, by means of arrangements under sections section 65Z5 and section 75 of the NHS Act. 11.2 The ICB may only make arrangements with another person (a “Sub-Delegate”) concerning the exercise of the Delegated Functions (“Further Arrangements”), including without limitation arrangements under sections section 65Z5 and section 75 of the NHS Act, with the prior written approval of NHS England. 11.3 The approval of any Further Arrangements may: 11.3.1 include approval of the terms of the proposed Further Arrangements; and 11.3.2 require conditions to be met by the ICB and the Sub-Delegate in respect of that arrangement. 11.4 All Further Arrangements must be made in writing. 11.5 The ICB must not: 11.5.1 terminate Further Arrangements; or 11.5.2 make any material changes to the terms of Further Arrangements; , 11.5.3 without the prior written approval of NHS England. 11.6 If the ICB enters into a Further Arrangement it must ensure that the Sub-Delegate does not make onward arrangements for the exercise of any or all of the Delegated Functions without the prior written approval of NHS England. 11.7 The terms of this clause 11 do not prevent the ICB from making arrangements for assistance and support in the exercise of the Delegated Functions with any person, where such arrangements reserve the consideration and making of any decision in respect of a Delegated Function to the ICB. 11.8 NHS England requires the ICB to make arrangements for assistance and support in the exercise of the Delegated Functions with those persons described at SCHEDULE in the Schedules including, but not limited to Schedule 6 (Mandated Assistance and Support) and with such other persons as NHS England may require from time to time. 11.9 Where Further Arrangements are made, and unless NHS England has otherwise given prior written agreement, any positive obligation or duty on the part of the ICB under this Agreement that is relevant to those Further Arrangements shall also require the ICB to ensure that all Sub-Delegates comply with that positive obligation or duty and support the ICB in doing so. In the same way, any negative duty or obligation on the part of the ICB under this Agreement that is relevant to Further Arrangement shall also require the ICB to ensure that all Sub-Delegates comply with that negative obligation or duty and support the ICB in doing so.

FURTHER ARRANGEMENTS. 11.1 The ICB must give due consideration to whether any of the Delegated Functions should be exercised collaboratively with other NHS bodies or Local Authorities including, without limitation, by means of arrangements under sections section 65Z5 and section 75 of the NHS Act. 11.2 . The ICB may only make arrangements with another person (a “Sub-Delegate”) concerning the exercise of the Delegated Functions (“Further Arrangements”), including without limitation arrangements under sections section 65Z5 and section 75 of the NHS Act, with the prior written approval of NHS England. 11.3 . The approval of any Further Arrangements may: 11.3.1 : include approval of the terms of the proposed Further Arrangements; and 11.3.2 and require conditions to be met by the ICB and the Sub-Delegate in respect of that arrangement. 11.4 . All Further Arrangements must be made in writing. 11.5 . The ICB must not: 11.5.1 : terminate Further Arrangements; or 11.5.2 or make any material changes to the terms of Further Arrangements; , without the prior written approval of NHS England. 11.6 . If the ICB enters into a Further Arrangement it must ensure that the Sub-Delegate does not make onward arrangements for the exercise of any or all of the Delegated Functions without the prior written approval of NHS England. 11.7 . The terms of this clause 11 do not prevent the ICB from making arrangements for assistance and support in the exercise of the Delegated Functions with any person, where such arrangements reserve the consideration and making of any decision in respect of a Delegated Function to the ICB. 11.8 . NHS England requires the ICB to make arrangements for assistance and support in the exercise of the Delegated Functions with those persons described at in the Schedules including, but not limited to SCHEDULE 6 (Mandated Assistance and Support) and with such other persons as NHS England may require from time to time. 11.9 . Where Further Arrangements are made, and unless NHS England has otherwise given prior written agreement, any positive obligation or duty on the part of the ICB under this Agreement that is relevant to those Further Arrangements shall also require the ICB to ensure that all Sub-Delegates comply with that positive obligation or duty and support the ICB in doing so. In the same way, any negative duty or obligation on the part of the ICB under this Agreement that is relevant to Further Arrangement shall also require the ICB to ensure that all Sub-Delegates comply with that negative obligation or duty and support the ICB in doing so. Staffing and Workforce The Staffing Model in respect of each Delegated Function shall at the Effective Date of Delegation be as approved by the relevant National Moderation Panel. Where the staffing arrangements include the deployment of NHS England Staff to the ICB for the purposes of carrying out the relevant Delegated Functions then the provisions of SCHEDULE 8 (Deployment of NHS England Staff to the ICB) shall apply. The ICB must comply with any Mandated Guidance issued by NHS England from time to time in relation to the NHS England Staff. For the avoidance of doubt, any breach by the ICB of the terms of this clause (Staffing), including any breach of any Mandated Guidance issued in accordance with clause above, will be a breach of the terms and conditions of this Agreement for the purposes of clauses and .