Report No. CB0303/0009/1Agenda Item 9ii
Attachment 6b
COMMISSION FOR PATIENT AND PUBLIC INVOLVEMENT IN HEALTH
INTERIM
COMMISSION STANDING ORDERS
1
CONTENTS
Page
1.INTRODUCTION4
2. THE MANAGEMENT FRAMEWORK4
3. THE STATUTORY FRAMEWORK4
4. DELEGATION OF POWERS 5
5. INTERPRETATION 5
6. THE COMMISSION7
7. COMPOSITION OF THE COMMISSION7
8. APPOINTMENT OF CHAIRMAN AND MEMBERS 7
Terms of Office
Appointment of Deputy Chairman
Powers of Deputy Chairman
9.APPOINTMENT OF CHIEF OFFICER 8
10. APPOINTMENT OF SENIOR OFFICERS8
11. ANNUAL PUBLIC MEETING 8
12. MEETINGS OF THE COMMISSION 9
Calling Meetings
Notice of Meetings
Setting the Agenda
Chairman of the Meeting
Motions
- Notices
- Rights of Reply and Amendments
- Withdrawal
- Rescinding a Motion
- Chairman's Ruling
- Voting
- Minutes
13.SUSPENSION OF STANDING ORDERS 13
14. VARIATION AND AMENDMENT TO STANDING ORDERS 14
15. RECORD OF ATTENDANCE 14
16.QUORUM 14
17. ARRANGEMENTS FOR THE EXERCISE OF FUNCTIONS 14
BY DELEGATION
18.EMERGENCY POWERS 15
19.DELEGATION TO COMMITTEES15
20DELEGATION TO OFFICERS 15
21.APPOINTMENT OF COMMITTEES 16
22.DECLARATION OF INTERESTS 17
23.REGISTER OF INTERESTS 18
24. DISABILITY IN PROCEEDINGS ON ACCOUNT OF20
PECUNIARY INTEREST
25. STANDARDS OF BUSINESS CONDUCT 21
Policy
Interests of Officers
Canvassing and Recommendations in relation to appointments
Relatives of Chairman, members and officers
26. TENDERING AND CONTRACTS PROCEDURE 23
Compliance with Standing Orders
EU Directives
Formal Competitive Tendering
Tendering Procedures
Quotations
Contracts
Personnel, Agency or Temporary Staff Contracts
Cancellation of Contracts
Determination of Contracts
27. DISPOSALS 34
28. IN-HOUSE SERVICES 34
29. CUSTODY OF SEAL AND SEALING OF DOCUMENTS 35
30. MISCELLANEOUS 36
1. INTRODUCTION
1.1 The Standing Orders, Schedule of Decisions referred to the Commission and Delegation of Powers and Standing Financial Instructions provide a comprehensive business framework. The Commission and all members of staff should be aware of the existence of these documents and, where necessary, be familiar with the detailed provisions.
1.2 The Standing Orders incorporate provisions of the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 SI(2002) 3038
2. MANAGEMENT FRAMEWORK
2.1 The Management Statement and Financial Memorandum, which is to be agreed between the Commission and the Department of Health, requires the Commission to maintain internal financial controls. The Commission is asked to adopt Standing Financial Instructions (SFIs) setting out the responsibilities of individuals. These are not mandatory but the Commission is asked to observe these and, as a matter of good practice, ensure they meet the standards these lay down.
2.2 The Management Statement and Financial Memorandum require a schedule of decisions reserved to the Commission and Delegation of
Powers be drawn up.
2.3 The Commission is also required to draw up a Members' Code of Practice, a staff Code of Conduct and to comply with the Code of Practice on Access to Government Information.
3. STATUTORY FRAMEWORK
3.1 The Commission for Patient and Public Involvement in Health (the Commission) is a body corporate established under Section 17 of the National Health Service Reform and Health Care Professions Act 2002
3.2The principal place of business of the Commission is 9th Floor Ladywood House, 45 Stephenson Street, Birmingham, B2 4DY.
3.3 The statutory functions conferred on the Commission are set out in Section 20 of the National Health Service Reform and Health Care Professions Act 2002 and the Commission for Patient and Public Involvement in Health (Functions) Regulations 2002
3.4 Regulation 9 of the Membership and Procedure Regulations 2002 SI (2002) 3038 requires the Commission to adopt Standing Orders (SOs) for the regulation of its proceedings and business.
3.5 Regulation 8 of the Membership and Procedure Regulations 2002 SI
(2002) 3038 concerns the appointment of committees and sub-committees. In accordance with the Management Statement and the Financial Memorandum, the Commission is required to establish audit and remuneration committees
4. DELEGATION OF POWERS
4.1Under Standing Order 17 (Arrangements for the Exercise of Functions By
Delegation), the Commission exercises its power to make arrangements for the exercise, on behalf of the Commission, of any of its functions by a
committee or sub-committee (appointed by virtue of S021), or by an officer of the Commission. In each case, this is to be in accordance with Regulation 8(4) of the Membership and Procedure Regulations SI (2002) 3038, subject to such restrictions and conditions as the Commission thinks fit or as the Secretary of State may direct.
4.2 Delegated Powers are covered in a separate document (Reservation of
Powers to the Commission and Delegation of Powers). That document has effect as if incorporated into the Standing Orders.
5. INTERPRETATION
5.1 Save as permitted by law, at any meeting the Chairman of the Commission shall be the final authority on the interpretation of Standing Orders, on which the Chief Executive and/or Secretary should advise him.
5.2 Any expression to which a meaning is given in the National Health Service Reform and Health Care Professions Act 2002 or Regulations or Orders made under the Act shall have the same meaning in this interpretation and in addition:
"ACCOUNTABLE OFFICER" shall be the Officer responsible and accountable for funds entrusted to the Commission. He/she shall be responsible for ensuring the proper stewardship of public funds and assets. For the Commission it shall be the Chief Executive.
"COMMISSION" means the Commission for Patient and Public Involvement in Health. The Chairman and members appointed by the Secretary of State.
"BUDGET" shall mean a resource, expressed in financial terms, proposed
by the Commission for the purpose of carrying out, for a specific period,
any or all of the functions of the Commission.
"CHAIRMAN" is the person appointed by the Secretary of State for Health
to lead the Commission and to ensure that it successfully discharges its
overall responsibility for its statutory duties. In accordance with Regulation 4(3) of the Membership and Procedure Regulations 2002 SI (2002) 3038, the expression "the Chairman of the Commission" shall be deemed to include the deputy Chairman of the Commission, if the Chairman is absent from the meeting or is otherwise unavailable.
"DEPUTY CHAIRMAN" means the Commission member appointed by the
Commission to take on the Chairman's duties if the Chairman is absent for
any reason.
"COMMISSION MEMBER" shall mean a person appointed as a member in accordance with the Membership and Procedure Regulations 2002 SI
(2002) 3038.
"COMMITTEE" shall mean a committee appointed by the Commission.
"COMMITTEE MEMBERS" shall be persons formally appointed by the
Commission to sit on or to chair specific committees.
"CHIEF EXECUTIVE" shall mean the chief officer of the Commission, the
Chief Executive.
"DIRECTOR OF FINANCE" shall mean the Commission's chief finance
officer.
"MEMBERSHIP AND PROCEDURE REGULATIONS" shall mean the
Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (SI (2002) 3038).
"MOTION" means a formal proposition to be discussed and voted on
during the course of a meeting.
"NOMINATED OFFICER" means an officer charged with the responsibility
for discharging specific tasks within SOs and SFIs.
"OFFICER" means an employee of the Commission.
"SECRETARY" means a person, appointed by the Commission, to monitor the Commission's compliance with the law, SOs, and observance of guidance issued by the Department of Health and other central Departments (for example, HM Treasury and the Cabinet Office).
"SFIs" means Standing Financial Instructions.
"SOs" means Standing Orders
6. THE COMMISSION
6.1 All business shall be conducted in the name of the Commission for Patient and Public Involvement in Health
6.2 The Commission has the functions conferred on it by Section 20 of the National Health Service Reform and Health Care Professions Act 2002.
6.3 The Commission has resolved that certain powers and decisions may only
be exercised or made by the Commission in formal session. These powers and decisions are set out in "Reservation of Powers to the Commission" and have effect as if incorporated into the Standing Orders.
7. COMPOSITION OF THE COMMISSION
7.1In accordance with regulation 2 of the Membership and Procedure Regulations 2002 SI (2002) 3038 the Commission shall have 10 members (excluding the Chairman).
7.2 In accordance with regulation 2 (2) of those 10 members a maximum of 3 persons may be employees, officers or members of a health service body.
8. APPOINTMENT OF THE CHAIRMAN AND MEMBERS
8.1 The Chairman and members are appointed by the Secretary of State
Term of Office
8.2 Regulation 3(2) of the Membership and Procedures Regulations 2002 SI
(2002) 3038 sets out the period of tenure of office of members.
Regulation 7 provides for the termination or suspension of office of members.
Appointment of the Deputy Chairman
8.3 As set out in Regulation 4, for the purpose of enabling the proceedings of the Commission to be conducted in the absence of the Chairman, the members of the Commission may appoint a member from amongst them to be deputy Chairman for such a period not exceeding the remainder of his/her term as a member of the Commission as they may specify on appointing him/her.
8.4 Any member so appointed may, at any time, resign from the office of deputy Chairman by giving notice in writing to the Chairman (Regulation 4(2)) and the members of the Commission may thereupon appoint another member as deputy Chairman.
Powers of the Deputy Chairman
8.5 These are in accordance with Regulation 4(3) of the Membership and Procedure Regulations 2002 SI (2002) 3038. Where the Commission Chairman has died or has otherwise ceased to hold office, or where he/she has been unable to perform his/her duties as Chairman owing to illness, absence from England and Wales or any other cause, references to the Chairman in the Schedule to these Regulations shall, so long as there is no Chairman able to perform his/her duties, be taken to include references to the deputy Chairman.
9. APPOINTMENT OF THE CHIEF OFFICER
9.1 The Commission shall appoint a committee to include the Commission Chairman and members of the Commission whose function will be to appoint the chief officer of the Commission (Chief Executive), subject to the approval of the Secretary of State.
10. APPOINTMENT OF SENIOR OFFICERS
10.1 The Commission shall also appoint a committee that includes the Chairman, members and the Chief Executive, whose function will be to appoint other senior officers of the Commission other than the (Chief Executive).
11. ANNUAL PUBLIC MEETING
11.1 The Commission will publicise and hold an annual public meeting in accordance with the Management Statement agreed with the Department of Health.
12. MEETINGS OF THE COMMISSION
12.1Meetings of the Commission are subject to the Public Bodies (Admission to Meetings) Act 1960 and arrangements should be made accordingly.
12.2 Meetings of the Commission are to be conducted in accordance with the
Schedule to the Membership and Proceedings Regulations 2002 SI (2002)
3038 and Standing Orders made under Regulation 9(2).
Calling Meetings
12.3 Ordinary meetings of the Commission shall be held at such times and places as the Commission may determine.
12.4 The Chairman may call a meeting of the Commission at any time. If the Chairman refuses to call a meeting after a requisition for that purpose, signed by at least one-half of the members, has been presented to him/her, or if, without so refusing, the Chairman does not call a meeting within twenty-one days after such requisition has been presented to him/her, such one half or more members may forthwith call a meeting.
Notice of Meetings
12.5Before each meeting of the Commission, a notice of the meeting, specifying the principal business proposed to be transacted at it, and signed by the Chairman or by an officer of the Commission, who is authorised by the Chairman to sign on his/her behalf, shall be delivered to every member, or sent by post to the usual place of residence of such members, so as to be available to him/her at least seven clear days before the meeting.
12.6 Subject to SO 12.8, lack of service of the notice on any member shall not affect the validity of a meeting.
12.7 In the case of a meeting called by members in default of the Chairman, those members shall sign the notice and no business shall be transacted at the meeting other than that specified in the notice.
12.8 Failure to serve such a notice on more than three members will invalidate the meeting. A notice shall be presumed to have been served at the time at which the notice would be delivered in the ordinary course of the post.
Setting the Agenda
12.9 The Commission may determine that certain matters shall appear on every agenda for a meeting of the Commission and shall be addressed prior to any other business being conducted. (Such matters may be identified within these SOs or following subsequent resolution shall be listed in an Appendix to the SOs.)
12.10 A member desiring a matter to be included on an agenda shall make his/her request in writing to the Chairman at least 10 clear days before the meeting, subject to S012.15 Requests made less than 10 days before a meeting may be included on the agenda at the discretion of the Chairman.
Chairman of Meeting
12.11 At any meeting of the Commission, the Chairman, if present, shall preside.
If the Chairman is absent from the meeting the deputy Chairman, if he/she is present, shall preside. If the Chairman and deputy Chairman are absent, a member chosen by the other members present shall preside.
12.12 If the Chairman is absent from a meeting temporarily on the grounds of a declared conflict of interest the deputy Chairman, if present, shall preside.
If the Chairman and deputy Chairman are absent, or are disqualified from participating, a member chosen by the other members present shall preside.
Notices of Motion
12.13A Commission member desiring to move or amend a motion shall send a written notice thereof at least 10 clear days before the meeting to the Chairman, who shall insert in the agenda for the meeting all notices so received subject to the notice being permissible under the appropriate regulations. This paragraph shall not prevent any motion being moved during the meeting, without notice on any business mentioned on the agenda subject to SO 12.5.
Right of Reply and Amendments
12.14 The mover of a motion shall have a right of reply at the close of any discussion on the motion or any amendment thereto.
12.15 When a motion is under discussion or immediately prior to discussion it shall be open to a member to move:
An amendment to the motion.
The adjournment of the discussion or the meeting *.
That the meeting proceed to the next business.
The appointment of an ad hoc committee to deal with a specific item of business.
That the motion be now put.*
12.16In the case of sub-paragraphs denoted by (*) above to ensure objectivity motions may only be put by a member who has not previously taken part in the debate.
12.17 No amendment to the motion shall be admitted if, in the opinion of the Chairman of the meeting, the amendment negates the substance of the motion.
Withdrawal of Motion or Amendments
12.18 A motion or amendment once moved and seconded may be withdrawn by the proposer with the concurrence of the seconder and the consent of the
Chairman.
Motion to Rescind a Resolution
12.19 Notice of motion to amend or rescind any resolution (or the general substance of any resolution) which has been passed within the preceding 6 calendar months shall bear the signature of the members who give it and also the signature of 4 other members. When any such motion has been disposed of by the Commission, it shall not be competent for any member other than the Chairman to propose a motion to the same effect within 6 months. However the Chairman may do so if he/she considers it appropriate.
Chairman's Ruling
12.20 Statements of members made at meetings of the Commission shall be relevant to the matter under discussion at the material time and the decision of the Chairman of the meeting on questions of order, relevancy, regularity and any other matters shall be observed at the meeting.
Voting
12.21 Every question at a meeting shall be determined by a majority of the votes of the members present and competent to vote, and in voting on the question and, in the case of any equality of votes, the person presiding shall have a second or casting vote.
12.22 All questions put to the vote shall, at the discretion of the Chairman of the meeting, be determined by oral expression or by a show of hands. A paper ballot may also be used if a majority of the members present so request.
12.23 If at least one-third of the members so request, the voting (other than by paper ballot) on any question may be recorded to show how each member present voted or abstained.
12.24 If a member so requests, his/her vote shall be recorded by name upon any vote (other than by paper ballot).
12.25 In no circumstances may an absent member vote by proxy. Absence is defined as being absent at the time of the vote.
Minutes
12.26 The Minutes of the proceedings of a meeting shall be drawn up and submitted for agreement at the next ensuing meeting where they will be signed by the person presiding at it.
12.27 No discussion shall take place upon the minutes except upon their accuracy or where the Chairman considers discussion appropriate. Any amendment to the minutes shall be agreed and recorded at the next meeting.
12.28 Minutes shall be circulated in accordance with members' wishes. Where providing a record of a public meeting the minutes shall be made available to the public.
Admission of the Public and Press
12.29 The public and representatives of the press shall be afforded facilities to attend all formal meetings of the Commission but shall be required to withdraw upon the Commission resolving as follows: -
"That representatives of the press and other members of the public be excluded from the remainder of this meeting having regard to the confidential nature of the business to be transacted, publicity on which would be prejudicial to the public interest" (Section 1(2) Public Bodies (Admission to Meetings) Act 1960).
12.30 The Chairman (or Deputy-Chairman) shall give such directions as he/she thinks fit in regard to the arrangements for meetings and accommodation of the public and representatives of the press such as to ensure that the Commission's business shall be conducted without interruption and disruption and, without prejudice to the power to exclude on grounds of the confidential nature of the business to be transacted, the public will be required to withdraw upon the Commission resolving as follows:-
"That in the interests of public order the meeting adjourn for (the period to be specified) to enable the Commission to complete business without the presence of the public" (Section 1 (8) Public Bodies (Admission to Meetings) Act 1960).
12.31 Nothing in these Standing Orders shall require the Commission to allow members of the public or representative of the press to record proceedings in any manner whatsoever, other than writing, or to make any oral report of proceedings as they take place without the prior agreement of the Commission.