Amendment to Scheme of Delegation Document
Appendix One
DELEGATED MATTER
AUTHORITY DELEGATED TO
2. Management of Budgets
a) Keep revenue income and expenditure within budget: i) at individual budget level ii) for the totality of services managed by an Executive Director iii) for the totality of the Trust’s services. b) Transfer resources from one budget to another, provided that; i) ii) iii) Budget Holder Executive Director Chief Executive
• the proposed use of resources accords
with the Trust’s Directorate’s business plans and contracts.
• the Trust will be able to meet its statutory
financial duties (by asking the Director of Finance)
• the Directorate will be able to keep its
revenue expenditure within budget.
• the use of any savings that have
occurred as a result of plans not being implemented have the approval of the Chief Executive, and
• where appropriate, you have obtained
the agreement of the Service Manager: i) within the budget holder’s responsibility ii) between budget holder’s within the Directorate. iii) Between directorates c) Adjust budgets in respect of income generation schemes funded from non-NHS sources for; i) net income up to and including £5,000 in any one year, or ii) net income over £5,000 in any one year. i) Budget Holder i) ii) iii) Budget Holder Executive Director Director of Finance
ii) Executive Director or Director of Finance
Amendments to PCT Scheme of Delegation Document
Appendix One
d) Commissioning and Commissioning budgets; i) ensuring secondary services are commissioned in accordance with the priorities agreed in the LDP, provided that the recommendations are considered from; • Practice Based Commissioners • Partnership Boards • Greater Manchester Collaborative Commissioning Team • North West Specialised Commissioning Group (NWSCG) e) Agreement of service level agreements and contracts with Foundation Trusts which • • • • Meet the standards of quality expected Fit the requirements of Standards for Better Health Fit the relevant National Service Framework Enable the provision of reliable information on cost and volume of services Fit the NHS National Performance Assessment framework Build where appropriate on existing partnership arrangements (including joint investment plans) i) Where PCT Commission Services Where Association of Greater Manchester PCTs agree contracts/SLA’s i) Director of Strategic Commissioning and Director of Finance
i) Director of Strategic Commissioning
ii) PCT nominated representative at the North West Specialised Commissioning Group
• •
ii)
ii) Lead PCTs/ Greater Manchester Collaborative Business Service
iii)
Where North West Specialised Commissioning Group agree contracts/SLA’s
iii) North West Specialised Commissioning Team
Amendments to PCT Standing Orders Document
Appendix Two
5.
5.1 5.1.1
ARRANGEMENTS FOR THE EXERCISE OF FUNCTIONS BY DELEGATION
Introduction Subject to the ‘Scheme of Reservation and Delegation’, and such directions as may be given by the Secretary of State, the Board may make arrangements for the exercise, on behalf of the PCT, of any of its functions by a committee or sub-committee, appointed by virtue of SO 6.0 or by a Director/member or an officer of the PCT in each case subject to such restrictions and conditions as the Board thinks fit. S16B of the NHS Act 1977 allows for regulations to provide for the functions of PCT’s to be carried out for the PCT by third parties. In accordance with The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000, as amended Section 3.2.1 refers), the functions of the PCT may also be carried out in the following ways: i. by another PCT; ii. by a Special Health Authority (subject to directions by the Secretary of State, or appropriate Health Authority these functions may be exercised on behalf of the authority by a committee, sub-committee or officer of that authority); iii. jointly with any one or more of the following: • Strategic Health Authority, • NHS Trust, • other PCTs • Local Health Boards • Partnership Boards • Practice Based Commissionier • Association of Greater Manchester PCTs • Great Manchester Collaborative Business Service • North West Specialised Commissioning Group iv. on behalf of the PCT by a committee, sub-committee or officer of the PCT. Any function exercisable by a PCT under or in relation to arrangements made under section 63(1) of the Health Services and Public Health Act 1968 may by arrangement with that trust be exercised jointly with one or more Health Authorities, Special Health Authorities, NHS trusts or other PCTs. Any function which a PCT may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching may by arrangement with that PCT be exercised jointly with one or more Health Authorities, Special Health Authorities, NHS trusts or other Primary Care Trusts.
5.1.2
5.1.3
Where a function is delegated by these regulations to another NHS body, the PCT has responsibility to ensure that the proper delegation is in place. In other situations, i.e. delegation to committees, sub committees or officers, the PCT retains full responsibility. Framework for Delegation of Board Authority The ultimate responsibility for decisions taken under delegated powers remains with the Board, and the PCT must ensure that due regard has been given and can clearly demonstrate it has not come to an unreasonable decision. To avoid possible allegations of unlawful exercise of discretion by the Board, a committee or Director/member acting under delegated powers must record in writing the matters that have been taken into account in reaching that decision, especially where significant sums or legal commitments are involved. In making any decisions under delegated powers, a committee or Director/member must have due regard to the established policies of the PCT and shall not depart from them without due reason and consideration. Any such departure and the reason for it shall be drawn to the attention of the Board at the earliest opportunity. In exercising any delegated power a committee or Director/member must comply with any statutory provisions or requirements.
5.2
Amendments to PCT Standing Orders Document
Appendix Two
In cases of doubt or difficulty and/or where no policy guidelines exist, decisions should be referred to the Board. The Board may require any particular delegated matter to be referred back to them for a decision. 5.3 5.4 Emergency Powers The powers which the Board has retained to itself within these Standing Orders, SO 1.3.1, may in emergency be exercised by the Chairman and the Chief Executive after having consulted at east two Non-Executive Directors. The exercise of such powers by the Chairman and the Chief Executive shall be reported to the next formal meeting of the Board for ratification in public session. Delegation to Committees The Board shall agree from time to time to the delegation of executive powers to be exercised by committees or sub-committees, which it has formally constituted in accordance with directions issued by the Secretary of State. The constitution and terms of reference of these committees, sub-committees or joint committees, and their specific executive powers shall be approved by the Board, in respect of its sub-committees and appended within the Corporate Governance Manual. When the Board is not meeting as the PCT in public session it shall operate as a committee and may only exercise such powers as may have been delegated to it by the Board in public session. Delegation to Officers The Chief Executive shall exercise those functions of the PCT, which have not been retained as reserved by the Board or delegated to other committee, sub-committee or joint committee, on behalf of the Board. The Chief Executive shall determine which functions they will perform personally and shall nominate officers to undertake the remaining functions for which they will still retain accountability to the Board. The Chief Executive shall prepare a Scheme of Delegation (as detailed within the ‘Scheme of Reservation and Delegation’) identifying their proposals that shall be considered and approved by the Board, subject to any amendment agreed during the discussion. The Chief Executive may periodically propose amendment to the Scheme of Reservation and Delegation which shall be considered and approved by the Board as indicated above. Nothing in the Scheme of Reservation and Delegation shall impair the discharge of the direct accountability to the Board of the Director of Finance to provide information and advise the Board in accordance with any statutory or Department of Health requirements. Outside these statutory requirements the role of the Director of Finance shall be accountable to the Chief Executive for operational matters. The arrangements made by the Board as set out in the ‘Scheme of Reservation and Delegation’ shall have effect as if incorporated in these Standing Orders. The Board must adopt a Scheme of Reservation and Delegation that define the powers retained by the Board. The Board, subject to the PCT’s Standing Orders relating to quorum, may only make any decision arising from these powers. 5.6 5.6.1 Overriding Standing Orders If for any reason these Standing Orders are not complied with, full details of the noncompliance and any justification for non-compliance and the circumstances around the noncompliance, shall be reported to the next formal meeting of the Board for action or ratification. All members of the Board and staff have a duty to disclose any non-compliance with these Standing Orders to the Chief Executive as soon as possible.
5.4 5.4.1
5.4.2
5.5