Common use of Reserved Powers Clause in Contracts

Reserved Powers. 11.1 The Parties agree and acknowledge that nothing in this SPA shall operate as to require them to make any decision or act in anyway which shall place any Party in breach of: 11.1.1 Law; 11.1.2 any specific Department of Health and Social Care policies; 11.1.3 in the case of the Council, the Council Constitution; 11.1.4 in the case of the CCGs, the CCG Constitution; 11.1.5 any requirement upon the Commissioners to undertake and have regard to the results of public consultation; or 11.1.6 in the case of a Provider any terms of its provider licence from NHS Improvement, its registration with the CQC or to breach any legislative requirements including the NHS Act 2006 (as amended); or 11.1.7 any term of a non-NHS parties legal constitution or other legally binding agreement or governance document of which specific written notice has been given to the Parties prior to the date of this SPA, and neither the ICB or Health and Care Partnerships will make a final recommendation which requires any Party to act as such.