PART 5Standing rules: commissioning contract terms

Matters to be included in commissioning contracts16

F51

A commissioning contract entered into by a relevant body must contain terms and conditions that ensure that the health service provider complies with all the duties imposed upon a registered person by regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (duty of candour) (“the 2014 Regulations”), as modified by paragraph (1B), irrespective of whether—

a

the health service provider is a registered person; or

b

the health service provider is carrying on a regulated activity.

F11A

A commissioning contract entered into by a relevant body must contain terms and conditions that ensure that the health service provider—

F8a

co-operates with the education and training body in such manner and to such extent as the education and training body may request, in planning the provision of, and in providing, education and training for health care workers; and

b

provides F9the education and training body with such information as it may request.

F21B

For the purposes of paragraph (1), regulation 20 of the 2014 Regulations is modified as follows—

a

for “Registered persons” in paragraph (1), substitute “Health service providers”;

b

for “registered person”, in each place it appears, substitute “health service provider”;

c

in paragraph (1), omit “in carrying on a regulated activity”; and

d

in paragraphs (8) and (9) for “a regulated activity”, substitute “health care services”;

2

In this regulation—

  • F3...

  • F6“education and training body” means a local education and training board appointed by Health Education England under section 103 of the Care Act 2014;

  • F7...

  • F4“registered person” has the same meaning as in regulation 2(1) of the 2014 Regulations (interpretation);

  • F4“regulated activity” means an activity prescribed as a regulated activity for the purposes of section 8(1) of the Health and Social Care Act 2008 (regulated activity) by regulation 3 of the 2014 Regulations (prescribed activities).

  • F3...

  • F3...

  • F3...