Health and Social Care Bill

277B: Before Clause 68, insert the following new Clause— ““Duty as to continuous improvement (1) Regulations must provide that commissioners have a duty to make arrangements to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness. (2) Such continuous improvement is to involve— (a) consideration of costs, (b) making the most of money spent, and (c) making sure that services meet the needs of patients, communities and the priorities agreed in any Health and Wellbeing Strategy. (3) For the purpose of deciding how to fulfill the duty, commissioners must consult the relevant Health and Wellbeing Boards, patients and public, as provided in the regulations. (4) Commissioners must conduct reviews of the services commissioned in accordance with the regulations, and publish the results. (5) In conducting a review a commissioner— (a) shall aim to improve the way in which its commissioning of services is exercised, having regard to a combination of economy, efficiency and effectiveness, and (b) shall have regard to any guidance issued by the Secretary of State under this section. (6) Regulations may specify matters which commissioners must include in a review of a service under this section, and in particular may require a commissioner— (a) to consider whether the current providers of the service were meeting all reasonable requirements; (b) to consider the extent to which competition for the provision of the service may or may not be appropriate; (c) to consider its objectives in relation to commissioning the service; (d) to assess its performance as regards the commissioning of the current provider; (e) to consider the outcome of consultation with relevant persons and bodies as specified in the regulations. (7) Regulations may specify the circumstances for use of tenders as a result of a service review in order to sustain continuous improvement. (8) These regulations may include— (a) single tender actions, (b) restricted tenders, (c) open market tenders.””