VARIATION NOTICE
Variation Notice of Agreement for Provision of Public Health
Services
This Variation Notice issued on the
day of
2014
BY
MANCHESTER CITY COUNCIL (the “Authority”) of Town Hall, Albert Square, Manchester, M60 2LA;
To
[insert name of Provider] of [insert address] (the Provider).
each a “party” and together, the “parties”.
WHEREAS
A. The parties entered into the agreement for provision of Public Health Services on 1st
April 2014 (the “Agreement”) and now wish to extend and vary the Agreement as set
out below.
B. In accordance with clause B22 of the Agreement, the Council and the Provider wish
to vary the Agreement as appears below.
IT IS HEREBY AGREED AS FOLLOWS:1.
This Variation Notice is supplemental to the Agreement for Provision of Public Health
Services (“ the Agreement”). Except as expressly varied by this Variation Notice, the
Agreement shall remain in full force and effect. Terms defined in the Agreement shall
have the same meaning in this Variation Notice unless otherwise provided by this
Variation Notice.
2.
This Variation Notice shall take effect from the 1 April 2014 (“the Variation Date”).
3.
VARIATIONS
With effect from the Variation Date the Council and the Provider agree the following
variations to the Agreement (“the Variations”):
3.1
At clause B11.1 and B11.2 remove existing clauses B11.1 and B11.2:
B11.1
If the Provider is CQC registered it shall comply with the arrangements for notification of deaths and
other incidents to CQC in accordance with CQC Regulations and if the Provider is not CQC registered it
shall notify Serious Incidents to any Regulatory Body as applicable, in accordance with the Law.
B11.2
If the Provider gives a notification to the CQC or any other Regulatory Body under clause B11.1 which
directly or indirectly concerns any Service User, the Provider must send a copy of it to the Authority
within 2 Business Days or within the timescale set out in Appendix G (Incidents Requiring Reporting
Procedure).
And replace with new clauses B11.1 and B11.2:
B11.1
If the Provider is GPhC registered it shall comply with the arrangements for notification of deaths and
other incidents to GPhC in accordance with GPhC Regulations and if the Provider is not GPhC
registered it shall notify Serious Incidents to any Regulatory Body as applicable, in accordance with
the Law.
B11.2
If the Provider gives a notification to the GPhC or any other Regulatory Body under clause B11.1
which directly or indirectly concerns any Service User, the Provider must send a copy of it to the
Authority within 2 Business Days or within the timescale set out in Appendix G (Incidents Requiring
Reporting Procedure).
3.2
At Appendix O remove definitions:
Care Quality Commission or CQC means that care quality commission established under the Health and Social
Care Act 2008.
CQC Regulations means the Care Quality Commission (Registration) Regulation 2009
Caldicott Guardian means the senior health professional responsible for safeguarding the confidentiality of
patient information.
And insert:
GPhC means the General Pharmaceutical Council – the independent regulator for pharmacists, pharmacy
technicians and pharmacy premises in Great Britain
GPhC Regulations means the Pharmacy Order 2010 sets out the general functions and duties of the General
Pharmaceutical Council, including where they have powers and duties in relation to the setting of regulatory
standards.
Information Governance Lead means the senior health professional responsible for safeguarding the
confidentiality of patient information.
3.3
At Clause B7.10 remove existing clause B7.10:
B7.10
The Provider shall indemnify and keep indemnified the Authority and any Successor Provider against
any Losses incurred by the Authority and/or the Successor Provider in connection with any claim or
demand by any transferring employee under TUPE.
And replace with new clause B7.10:
B7.10
The Provider shall indemnify and keep indemnified the Authority and any Successor Provider
against any Losses incurred by the Authority and/or the Successor Provider arising from any act,
fault or omission of the Provider in connection with any claim or demand by any transferring
employee under TUPE on or after the Commencement Date or any claim arising out of any change
made by the Provider on or after the Commencement Date to such transferring employees' terms
and conditions of employment.
3.4
At clause B13.3 remove existing clause B13.3:
B13.3
The Provider must at all times during the term of this Contract have a Caldicott Guardian and shall
notify the Authority of their identity and contact details prior to the Service Commencement Date. If
the Provider replaces its Caldicott Guardian at any time during the term of this Contract, it shall
promptly notify the Authority of the identity and contact details of such replacements.
And replace with new clause B13.3:
B13.3
The Provider must at all times during the term of this Contract have an Information Governance lead
and shall notify the Authority of their identity and contact details prior to the Service Commencement
Date. If the Provider replaces its Information Governance lead at any time during the term of this
Contract, it shall promptly notify the Authority of the identity and contact details of such
replacements.
3.5
At clause B26.4 add clause B26.4:
B26.4
Subject to clauses B7.10, B25.1, B26.3 and C5.4 the liability of the Provider (whether in tort,
contract or otherwise) shall, save in respect of personal injury and death caused by its negligence
or that of its servants, agents or employees, in no case exceed the amount of insurance cover that
it has in place in accordance with clause C3.
4. The Council and the Provider hereby agree to the Variations as set out above.
SIGNED on behalf of MANCHESTER
)
CITY COUNCIL
……………………………………………………..
Authorised Signatory
SIGNED on behalf of
)
[insert name of Provider]
……………………………………………………..
Print Name:
Date:
Role: