NHS England has updated the model terms and conditions for CCGs to use for commissioning support services following a Francis Report recommendation that the NHS Constitution should be explicitly included. An additional principle at clause 2.1.11 now includes: “The Parties must abide by and promote awareness of the NHS Constitution, including the rights and pledges set out in it. The Provider must ensure that all Sub-Contractors and all Staff abide by the NHS Constitution.” The model terms can be found from NHS England’s 3 July bulletin for CCGs here: [http://www.england.nhs.uk/2014/07/03/bulletin-for-ccgs-issue-62-03-july-2014/#ccg7 ]

Even though this clause is for the model terms and conditions, which are not compulsory for CCGs to use, in the light of the Francis Report it is sensible for a similar clause to be included in any terms that CCGs have with CSUs and any other provider. If the terms are already signed, this clause can usually be incorporated into the terms by a simple letter of variation signed by both parties.