Lay Member for Governance Lay Member for Patient and Public Involvement. The Chairman welcomed everyone to the meeting.

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Minutes of the Meeting of a Sub-Committee of the West Suffolk CCG Governing Body held in public on Thursday 28 March 2013 in the Players Suite, Ipswich Town Football Club, Portman Road, Ipswich

Lay Member for Patient and Public Involvement Chief Finance Officer Chief Officer Chief Corporate Services Officer Chief Nursing Officer Governance Advisor 1.

1 Minutes of the Meeting of a Sub-Committee of the West Suffolk CCG Governing Body held in public on Thursday 28 March 2013 in the Players Suite, Ipswich Town Football Club, Portman Road, Ipswich PRESENT: Dr Christopher Browning Dr Jon Ferdinand Bill Banks Jo Finn Carl Goulton Julian Herbert Amanda Lyes Barbara McLean IN ATTENDANCE: Colin Boakes Chairman GP Member Lay Member for Governance Lay Member for Patient and Public Involvement Chief Finance Officer Chief Officer Chief Corporate Services Officer Chief Nursing Officer Governance Advisor 1. WELCOME AND APOLOGIES FOR ABSENCE The Chairman welcomed everyone to the meeting. Apologies for absence were noted from: Dr Simon Arthur Dr Rakesh Raja GP Member GP Member 2. PURPOSE OF THE MEETING The Governance Advisor noted that on 31 March 2013, Suffolk PCT will be abolished pursuant to section 34 of the Health and Social Care Act 2012 ( HSCA ) and its property, assets and liabilities will be transferred to receiving organisations by a property transfer scheme and relevant staff will be transferred to receiving organisations by an employee transfer scheme (together, the Transfer Schemes ), in accordance with the HSCA. The HSCA specifies that functions should transfer from sender organisations to receiving organisations. Broadly speaking all property, assets and liabilities will follow the destination of the function or part of the function to which they relate. Responsibility for any residual property, rights or liabilities, i.e. those without a destination, will pass to the Department of Health. Liabilities relating to staff will transfer with the staff, or will be settled in the course of redundancy or resignation. West Suffolk CCG is one of the receiving organisations. The purpose of the Governing Body Sub-Committee meeting is 1

2 therefore for the CCG to formally receive the Property and Staff Transfer Schemes. The Sub-Committee noted the purpose of the meeting. 3. PROPERTY TRANSFER SCHEME The Chief Officer presented the Property Transfer Scheme and noted that: (i) Compliance with Transition Guidance Suffolk PCT had taken account of, and to the best of its knowledge, complied with, all of the transition guidance that has been issued by the Department of Health (together the Transition Guidance ). Suffolk PCT had, to the best of its knowledge, accurately identified and accounted for all contracts, proprietary interests, liabilities, assets and staff that will need to transfer to the West Suffolk CCG on or prior to the abolition of Suffolk PCT, and had accurately identified their destination by identifying the CCG as an appropriate receiving organisation (on the basis that it will inherit the relevant function or part of the function of Suffolk PCT), and this information had, to the best of Suffolk PCT s knowledge, been fully set out in the schedules to the Transfer Schemes prepared by the Department of Health s legal team. Suffolk PCT had, to the best of its knowledge, submitted all relevant details to the Department of Health in compliance with the Transition Guidance. (ii) Property Suffolk PCT had to the best of its knowledge and ability, complied with the requirements of the Transaction Guidance in relation to each of the properties which are to transfer to the receiving organisations and had uploaded the required property information and copy title documents onto the Department of Health Sharefile system in accordance with the Transition Guidance requirements. (iii) Contracts, Liabilities, Assets Suffolk PCT had, to the best of its knowledge, engaged with each relevant receiving organisation that will receive any contracts, liabilities or assets before or on dissolution of Suffolk PCT, in order to indicate what will be transferring to that receiving organisation under the property transfer scheme. In respect of each contract for services commissioned by Suffolk PCT which does not expire on or before 31 March 2013: Suffolk PCT had, to the best of its knowledge, notified the relevant provider that the relevant commissioner will change on or before the 2

3 abolition of Suffolk PCT; and Suffolk PCT had, to the best of its knowledge, indicated to each provider which new commissioning body or commissioning bodies will be commissioning the services under that contract following the change of commissioning arrangements. In respect of each non-clinical contract for services commissioned by Suffolk PCT which expires on or before 31 March 2013, and which will be re-commissioned for the period following 31 March 2013, Suffolk PCT had, to the best of its knowledge, given appropriate information to the receiving organisation or receiving organisations to ensure that the receiving organisation(s) can either: Enter into new short term contracts; Enter into joint arrangements with other organisations to ensure continuity of operations; and/or Where it has been possible and appropriate, agree the new contracts with provider entities. Suffolk PCT had drawn up, maintained and shared with each receiving entity and each provider organisation a contact list, which includes as far as possible, the contact name, and contact details for each sender organisation, receiving organisation and provider organisation. (iv) Transfer Schemes Suffolk PCT had, to the best of its knowledge, provided all necessary instructions for the Transfer Scheme to the Department of Health and had populated all required Annexes in order to inform the drafting of the schedules to the Transfer Scheme. The PCT had also, where possible, identified the receiving organisation or receiving organisations for each contract, proprietary interest, asset, liability and staff member that will transfer under the Transfer Schemes. (v) Transfer Dates Whilst Suffolk PCT had submitted data returns for the Transfer Schemes in accordance with the Transition Guidance, and the data included in the Transfer Schemes was frozen with effect from 24 January 2013, since that date a change of control process for amending the data included in the Transfer Schemes had been in operation. The property will transfer on 31 March 2013 by transfer scheme under the Health and Social Care Act The physical delivery of assets and the transfer of any funds will take place on 28th March 2013 (which is the last working day in the Financial Year 2012/2013), in accordance with the Transition Guidance. However, 3

4 for the physical transfer of some assets, further guidance is awaited from the relevant receivers. (vi) Approval and Sign-Off of the NHS Suffolk Transfer Scheme As detailed in the foregoing and further to the provision of the mandated returns to the Department of Health Handover and Closedown Team, detailing all of Suffolk PCT s assets and liabilities through the completion of Annexes 2 and 3, the Departments legal team drew up the draft transfer scheme. In line with the revised transfer authorisation date, Suffolk PCT was required to approve the final transfer scheme and return the signed Annex 4 by no later than midday on Monday 25 March Compliance with the revised timetable was necessary to facilitate coordination of receiver and Secretary of State sign off before 27 March Once the signed Annex 4 was received by the Department of Health, a Senior Civil Servant, on behalf of the Secretary of State, would sign the transfer scheme. The signed transfer scheme is the legal instrument of transfer and will take effect on 1 April 2013 and the final signed transfer schemes will be stored in a central Department of Health repository. In response to a question, the Governance Advisor confirmed that the accuracy of the data submitted to the Department of Health had been assured through legal oversight by Capsticks Solicitors. Having noted the report, the Sub-Committee formally received the relevant Property Transfer Scheme from NHS Suffolk. 4. STAFF TRANSFER SCHEME The Chief Corporate Services Officer presented the Staff Transfer Scheme and noted that: Suffolk PCT had, to the best of its knowledge, engaged with all staff and/or the representatives of all staff affected by the abolition of Suffolk PCT, in order to meet all consultation and information delivery obligations required and to address all queries from such staff and/or their representatives in relation to the process of transfer to receiving organisations under the employee transfer scheme. Suffolk PCT had, to the best of its knowledge, engaged with each relevant receiving organisation that will receive any staff before or on abolition of Suffolk PCT, in order to indicate those that will be transferring to that receiving organisation under the employee transfer scheme, and Suffolk PCT had, to the best of its knowledge, provided all information requested or required by the receiving organisations in relation to the staff transferring. Suffolk PCT had to the best of its knowledge identified those staff not transferring by the employee transfer scheme or the Transfer of 4

5 Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) on 31 March Suffolk PCT had made appropriate arrangements for the contracts of employment of relevant staff to terminate by reason of redundancy on 31 March Suffolk PCT had to the best of its knowledge met all obligations which are due to and with respect to those staff transferring by the employee transfer scheme or the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) on 31 March 2013 as well as those staff whose employment is not transferring and whose contracts of employment will terminate by reason of redundancy on 31 March The Chief Corporate Services Officer went on to assure the Sub- Committee that the Staff Transfer Scheme had been completed and submitted to the Department of Health in accordance with national guidance. Trade Unions, employees and the Department of Health have now completed negotiations on the detail of the transfer schemes; the details to support the transfer schemes and orders; and the steps that need to be taken to implement the provisions of the Memorandum of Understanding which support these. The transfer schemes, orders and supporting arrangements provide all transferring staff with: Statutory continuity of employment Continuation of current terms and conditions, including any contractual redundancy or severance entitlements Continued access to the NHS or Civil Service pension schemes Post transfer protection against unfair dismissal for 24 months. Suffolk PCT had completed and submitted the final scheme. This was sent on 8 March 2013 and contained details of the following: Name of receiving organisation Confirmation that the employee will retain their pension scheme Confirmation that TUPE applies All personal details ie name and NI number. The scheme denotes all the staff that are due to transfer from Suffolk PCT to the various recipient organisations as from 1 April 2013: NHS Commissioning Board West Suffolk Clinical Commissioning Group (main employer for both Ipswich and East Suffolk and West Suffolk CCGs) Suffolk County Council Public Health England Health Education England 5

6 NHS Property Services Ltd. All staff that are due to transfer in line with the national arrangements have been issued a confirmation transfer letter (based upon the national template) confirming their TUPE transfer to the new recipient organisation. This has been denoted either by the transfer of their function or in the case of the CCG, transfer of employment. Accordingly, supporting due diligence information has been supplied as requested to the new recipient organisation together with associated ESR payroll information. The NHS Suffolk and West Suffolk shadow Remuneration and HR Committees had been made aware of the finer detail of the transfer schemes at previous meetings. All committee members had been made aware of the employees and their recipient organisation. In addition, the committees had authorised redundancy and/or pension payments as deemed appropriate prior to final approval being sought from the SHA. On the latter, the SHA remuneration committee had subsequently endorsed all approved redundancy and/or pension applications. Having noted the report, the Sub-Committee formally received the relevant Staff Transfer Scheme from NHS Suffolk. 5. ANY OTHER BUSINESS There was no other business. 6

NHS SOUTH LINCOLNSHIRE CLINICAL COMMISSIONING GROUP AUDIT & RISK COMMITTEE TERMS OF REFERENCE

Appendix I NHS SOUTH LINCOLNSHIRE CLINICAL COMMISSIONING GROUP 1. GOVERNANCE NOTE AUDIT & RISK COMMITTEE TERMS OF REFERENCE South Lincolnshire and South West Lincolnshire CCGs have each established their