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Co-Delegation Agreement

The delegation agreement only confirms this usual position (i.e. the credits received by a legal institution must fulfill all the obligations related to its functions). In addition, NHS England has introduced a provision that allows the CGC to inform NHS England if it considers that the delegated resources are not sufficient to cover a loss of damage and perform the delegated functions, and that the parties meet to agree on any necessary adjustments. Similarly, this contractual process is followed if there are cases where NHS England has withheld funds or provisions or contributed to the loss. We have received a series of questions regarding the following provision of the Delegation Agreement (sections 13.26 to 13.33): NHS England does not intend to require CSCs to assume, without prior discussion or agreement, additional functions or management tasks as defined in the Delegation Agreement. In addition, in carrying out your delegated functions, NHS England and ccGs must fulfil a number of legal obligations set out in the delegation agreement, including Section 13E (obligation to improve the quality of services), 13G (obligation to reduce inequalities) and 13 Q (public participation and consultation of the board) of the NHS Act 2006 (as amended). To confirm, we do not require CCGs to submit an additional plan attesting to how these tasks are performed with respect to the commissioning of the primary supply. If the GCC consider it, we would encourage them to have an early conversation with NHS England. Amendments to the delegation agreement must be agreed with the GCC through a mutually agreed amendment process. All location functions, but not investment functions, are delegated to CCGs and, by definition, all of this encompasses everything.

The delegation agreement sets out certain limited circumstances in which SMC are liable for losses incurred (e.g. B if the CGC inappropriately, fraudulently or intentionally ignored the terms of the agreement). Given that NHS England remains responsible for functions transferred under the NHS Act and that legal proceedings may raise repercussive issues, for example.B a certain interpretation of a national contractual term, there are provisions that allow NHS England to `enter` into a contentious or contentious case in order to ensure that its interests are best protected. Hopefully, this probably won`t be necessary as part of cooperative oversight between legal teams. This step is only used where NHS England first discussed the issue with the CCGs. .