APPENDIX A: Proposed Constitutional Amendments arising from the proposal to create the Health
Futures (West Yorkshire & Harrogate CCGs Collaborative Commissioning) Joint Committee
NHS Airedale, Wharfedale and Craven CCG Constitution: Version History
Version
Comment
Version 21
Current version on CCG website (amendments largely as a result of governance structure
changes) – approved by the Council of Members on 26th November 2015 and NHS England
1st March 2016 – see http://www.airedalewharfedalecravenccg.nhs.uk/wpcontent/uploads/2016/03/APPROVED-V21-NHS-AWC-CCG-Constitution-March-2016.pdf
Version 22
Amended to take account of shared Chief Officer and Chief Finance Officer & Deputy Chief
Officer posts with NHS Bradford City CCG and NHS Bradford Districts CCG as approved by
the July 28th Council of Members - submitted to NHS England for formal approval 1st
December 2016.
Version 23
Amendments relating to the establishment of a Primary Care Commissioning Committee –
submitted as a proposed draft to NHS England on 23rd December 2016 as part of the cocommissioning application – see Item 2017/10 of this agenda for full details. To be submitted
to 26th January 2017 Council of Members for approval.
Version 24
Amendments relating to the establishment of the Healthy Futures Joint Committee – to be
submitted to 26th January 2017 Council of Members for approval.
Revisions to AWC CCG Constitution: Version 23 to Version 24
As advised by NHS Wakefield CCG (see Appendix A (i)), a full review of the CCG’s constitution has been
undertaken.
The following table summarises the proposed changes that have resulted in version 24 of the Constitution.
These changes have arisen due to the proposal to establish the Healthy Futures Joint Committee.
Page
1
Section(s)
Proposed Change
Comment
19
6.4.1
Addition of paragraph ‘The Group may establish
committees of the Group, including joint committees,
from time to time by resolution of the Council of
Members in accordance with paragraph 4.1.1 of
Appendix C: Standing Orders’.
As suggested by NHS
Wakefield CCG and their
legal advisors – see
Appendix A(i) for details
19
6.4.2
Addition of paragraph ‘The Group may establish joint
committees with other clinical commissioning groups
and / or NHS England and / or other bodies1 pursuant
to the relevant provisions of the 2006 Act provided the
Group is satisfied it is reasonable and appropriate for
it to do so in accordance with its functions and duties
under the 2006 Act. Further provisions in relation to
joint committees are set out in sections 6.5 below’.
As suggested by NHS
Wakefield CCG and their
legal advisors – see
Appendix A(i) for details
Other bodies include combined authorities and such other bodies as prescribed under the relevant provisions
of the 2006 Act
Page
19
Section(s)
6.4.3
Proposed Change
Comment
Specification of the West Yorkshire and Harrogate
CCGs Collaborative Commissioning (‘Healthy
Futures’) Joint Committee as a committee of the CCG.
Para 4.1.1 of Appendix C:
Standing Orders states all
committees / subcommittees of the Group
or the Governing Body
are specified in Section 6.
Alternatively, the advice
from NHS Wakefield
CCG, is that we do not
need to specify the
names of committees of
the Group in the main
body of the constitution.
This would require the
removal of the reference
in paragraph 4.1.1
referred to above.
20
6.5
Joint Commissioning Arrangements – replaces
previous wording on joint commissioning
arrangements (taken from model wording suggested
by NHS England):
As suggested by NHS
Wakefield CCG and their
legal advisors – see
Appendix A(i) for details.

This change rationalises
the text relating to joint
commissioning
arrangements by
amalgamation into a
single section. The only
difference to content are:



Section 6.6 Joint Commissioning Arrangements
with Other Clinical Commissioning Groups
Section 6.7 Joint Commissioning Arrangements
with NHS England for the Exercise of CCG
Functions
Section 6.8 Joint Commissioning Arrangements
with NHS England for the Exercise of NHS
Functions
Section 6.9 Joint Committees with Local
Authorities


43
Appendix A:
Definition of
Key Terms
Used
Definition of Healthy Futures as the collaborative
commissioning arrangement involving the West
Yorkshire and Harrogate CCGs.
Clarification of
reporting
arrangements where
a joint committee
does or does not
exist.
Removal of the
specification of a six
month notice period
for withdrawal from a
joint commissioning
arrangement (notice
periods will be
specified instead in
the Memorandum of
Understanding
relating to each joint
commissioning
arrangement)
Page
Section(s)
Proposed Change
62
Appendix D:
Scheme of
Reservation
&
Delegation
Specification that approval of the Healthy Futures
Terms of Reference (including the Annual Work Plan
which sets out what has been delegated to the Joint
Committee for that year) is reserved to the Council of
Members
62
Appendix D:
Scheme of
Reservation
&
Delegation
Specification that the Healthy Futures Joint Committee
can make decisions on services as set out in the Joint
Committee Terms of Reference and Annual Work
Plan.
65
Delegated
Limits
Suggestion that this detail is removed from the
Constitution as (i) inclusion is non-mandatory, (ii)
detail is taken directly from Standing Financial
Instructions and (iii) the authority to approve the
CCG’s ‘operational scheme of delegation’ is delegated
to the Governing Body in the Constitution – changes
to delegated limits could therefore be approved
outside of the constitutional amendment process.
Comment
These limits require
update to take account of
the Healthy Futures Joint
Committee and the
Primary Care
Commissioning
Committee. In addition,
SFIs as a whole will
require review in light of
the 3 CCGs working more
closely together
APPENDIX A(i)
Constitutional Wording as suggested by NHS Wakefield CCG and their legal advisors
(DAC Beechcroft)
Context
The below example wording for CCG constitutions has been produced on a generic basis as
suggested wording and must be reviewed and amended as necessary by each CCG to be
incorporated effectively into the relevant CCG’s constitution. We have not conducted a
review of each individual CCG’s constitution in relation to their existing wording around joint
committees and what amendments are required and we do not advise that the wording is
simply incorporated without further review and consideration - it is critical that each CCG
reviews its whole constitution when incorporating this wording to ensure that there are no
inconsistencies.
The approach in the example drafting reflects the need to ‘future-proof’ the constitution as far
as possible going forward and bring it up to date with current legislation. If approved, the
changes mean that frequent constitutional amendments should not be required in the event
the CCG enters into further joint working arrangements with other bodies.
The wording is drafted so as to replace existing wording around ‘Committees of the Group’
(as opposed to Committees of the Governing Body) in their entirety, however it is highly
likely that amendments will also be required to other sections of the constitution, including
the appendices, standing orders, scheme of reservation and delegation, etc, to ensure
consistency throughout. This might include for example ensuring that the scheme of
reservation and delegation correctly refers to the members having reserved the authority to
establish joint committees and approve terms of reference of such committees (since joint
committees are committees of the Group, and not the Governing Body). In addition this
drafting is provided on the basis that any existing reference in the constitution to naming of
committees or to appending terms of reference of every committee is removed. Defined
terms should be amended to reflect the definitions used in the relevant constitution.
If the example wording is not incorporated properly into the CCG’s constitution with the result
that the joint committee is not lawfully established, then there is a risk that the CCG’s
decision to create the committee could be challenged by way of judicial review, on the basis
that the CCG has not met the statutory requirement under s14Z3(2)(b) of the NHS Act 2006
to exercise functions jointly through a joint committee of the CCGs. This could be ‘unpicked’
for example in the event that a challenge is brought against a commissioning decision made
by the joint committee acting on behalf of the relevant CCG.
Example constitution wording:
Wording in italics denotes particular references / drafting which needs to be amended
to be consistent with the relevant CCG constitution.
1.1
Committees of the Group
1.1.1
The Group may establish committees of the Group, including joint committees, from
time to time by resolution of the Council of Members in accordance with paragraph
{} of Appendix {} (Standing Orders).
1.1.2
The Group may establish joint committees with other clinical commissioning groups
(“CCGs”) and/or NHS England and/or other bodies2 pursuant to the relevant
provisions of the 2006 Act provided the Group is satisfied it is reasonable and
appropriate for it to do so in accordance with its functions and duties under the 2006
Act. Further provisions in relation to joint committees are set out in paragraph 1.2
below.
1.1.3
Committees will only be able to establish their own sub-committees, to assist them
in discharging their respective responsibilities, if this responsibility has been
delegated to them by the Group or committee they are accountable to.
1.2
Joint commissioning arrangements
1.2.1
The Group may wish to work together with one or more other CCGs and/or
NHS England and/or other bodies3 in the exercise of its commissioning functions in
accordance with the relevant provisions of the 2006 Act.
1.2.2
Where the Group makes arrangements which involve exercising any of their
commissioning functions jointly with one or more CCGs, NHS England and/or
another body4, the Group may establish a joint committee to exercise those
functions in accordance with the relevant provisions of the 2006 Act. Such joint
committee shall be established by the Group in accordance with paragraph 1.1
above.
1.2.3
Where the Group makes arrangements with one or more CCGs, NHS England
and/or another body or bodies5 as described at paragraph 1.2.1 above, the Group
shall develop and agree with the relevant body / bodies an agreement setting out
the arrangements for joint working, including details of:
•
•
•
•
•
•
•
2
How the parties will work together to carry out their respective commissioning
functions;
The duties and responsibilities of the parties;
How risk will be managed and apportioned between the parties;
Financial arrangements, including, if applicable, payments towards a
pooled fund and management of that fund;
Contributions from the parties, including details around assets, employees
and equipment to be used under the joint working arrangements;
The circumstances in which the parties may withdraw from the
arrangements;
Where a joint committee is not established, the reporting arrangements on
the joint working arrangements to the Governing Body and the Council of
Members, to include as a minimum quarterly written reports and an annual
report on progress made against objectives;
Other bodies include combined authorities and such other bodies as are prescribed under the relevant
provisions of the 2006 Act.
3
Other bodies include combined authorities and such other bodies as are prescribed under the relevant
provisions of the 2006 Act.
4
Other bodies include combined authorities and such other bodies as are prescribed under the relevant
provisions of the 2006 Act.
5
Other bodies include combined authorities and such other bodies as are prescribed under the relevant
provisions of the 2006 Act.
•
Where a joint committee is established, the reporting arrangements as
between the joint committee and the Council of Members and the Governing
Body, such arrangements to include as a minimum the sharing of joint
committee meeting minutes and an annual report of the work of the joint
committee.
1.2.4
The liability of the Group to carry out its functions will not be affected where the
Group enters into arrangements pursuant to this paragraph 1.2.
1.2.5
Only joint commissioning arrangements that are safe and in the interests of
patients registered with member practices will be approved by the Group.
1.2.6
Where the Group enters into arrangements with NHS England under which the
Group exercises NHS England’s functions in accordance with the relevant
provisions of the 2006 Act, the Group will act in accordance with any guidance
issued by NHS England on co-commissioning.