1.1. Managing conflicts of interest appropriately is essential for protecting the integrity of NHS Portsmouth Clinical Commissioning Group from perceptions of wrongdoing or impropriety. The CCG must meet the highest level of transparency to demonstrate that conflicts of interest are managed in a way that does not undermine the probity and accountability of the CCG.
1.2. This policy sets out the approach that the CCG will implement to identify, manage and record any potential or actual conflicts of interests that may arise in connection with the commissioning of healthcare for the population of Portsmouth.
1.3. This policy is issued in accordance with statutory guidance under Sections 14O and 14Z8 of the National Health Service Act 2006 (as amended by the Health and Social care Act 2012). The 2006 Act sets out clear requirements for CCGs to make arrangements for managing actual and potential conflicts of interests, to ensure they do not affect, or appear to affect, the integrity of the CCGs decision making processes.
1.4. These requirements are supplemented by procurement-specific requirements in the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013.
1.5. Furthermore, this policy has been drafted in accordance with requirements outlined in the NHS England Statutory Guidance on Managing Conflicts of Interest, published in June 2016 and revised in June 2017.
1.6. This Policy draws on a range of guidance relating to Conflicts of Interests which includes:
- Managing Conflicts of Interest: Revised Statutory Guidance for CCGs (NHS England, 2017)
- Managing Conflicts of Interest: Revised Statutory Guidance for CCGs (NHS England, 2016)
- GMC Guidelines: Financial and Commercial Arrangements and Conflicts of Interests (General Medical Council, 2013)
- Managing Conflicts of Interests: A guide for NHS Commissioning Groups (NHS England, 2013)
- Substantive guidance on the Procurement, Patient Choice and Competition Regulations (Monitor, 2013)
- Standards for members of NHS Boards and CCG Governing Bodies in England (Professional Standards Authority, 2012)
- Code of Conduct for NHS Managers (Department of Health, 2002)
- The Nolan Principles (Committee on Standards in Public Life, 1995)
1.7. The policy should be read in conjunction with the following documents, which also set out guidelines and responsibilities for individuals in relation to conflicts of interest:
- NHS Portsmouth CCG Constitution
- Standing Orders, Scheme of Reservation & Delegation and financial Policies
- NHS Portsmouth CCG Gifts and Hospitality Policy
- NHS Portsmouth working with commercial organisations guidance
1.8 This Policy will be reviewed every three years or at such time as national policy determines.
1.9 An annual Conflicts of Interest Audit is included on the CCG’s Internal Audit Plan. Findings from this audit will be reported to, and actions overseen by the CCG’s Audit Committee.
1.10 The Governing Board is required to produce an Annual Governance Statement as a statement of assurance which explains the processes and procedures in place to enable the CCG carry out its functions effectively and in a controlled manner. This will include the findings of the Conflicts of Interest Internal Audit.