Core Terms – Clause 1 – 2

Current Clause

Change

General

NHS England have changed the name of the document from NHS Education Contract to NHS Education Funding Agreement to better reflect the purpose of the document.

Consequential amendments made throughout the document from “contract” to “agreement” will not be further documented in this table.

1.1

Amended definition of Business Hours. There is a minor clarification from “determined” to “deemed.”

1.1

Inserted Definition of Commencement Date.

1.1

Removed exclusion of NHS England as a contracting authority.

1.1

Grammatical change to Data Protection Legislation “and” to “or.”

1.1

Definition of E-learning clarified to include virtual or online learning.

1.1

Updated definition of Equality Delivery System 22.

1.1

Updated definition of Expiry date.

1.1

Inserted definition of High-Cost Area Allowance.

1.1

Update definition of Higher Education Institution (HEI).

1.1

Removed reference to STPs from Healthcare System as no longer relevant.

1.1

Removed Definition of Monitor and Monitor’s licence, include reference to NHS England’s licence to reflect 2022 Act changes.

1.1

Included reference to PIVO (private, independent, and voluntary organisations).

2

Given clause greater clarity on Commencement Date and termination. Agreement again for a fixed 3-year period.

Core Terms – Clauses 7 – 63

Current Clause

Change

7.1

Clarified wording from “the relevant Regulator’s obligations” to “standards.”

7.7(b)

Clarified wording to include specific reference to requirements under NHS England’s Education Quality Framework.

9.2

Updated the clause.

10.1 (E)

New provision to require priority to existing programmes before new programmes developed.

14.6

Updated the clause.

14.8

Inserted new clause which clarifies the provision of uniforms and other work clothing for Placements.

N/A

Former clause 28 on Decommissioning deleted. Breach of the Agreement and/or Decommissioning dealt with under annual activity agreeing and termination provisions. No separate clause required.

27.1

Updated Review meeting to take place annually or by exception.

28

IPR provisions updated. It is agreed that NHS England does not acquire IPR developed in the delivery of the Services offered via this Agreement.

32

Data Protection clause simplified and requirement to Schedule 5 of the NHS Education Funding Agreement.

36

Indemnity provisions amended to reflect the position under the NHS Standard clinical contract. It is for providers to determine the level of insurance required, although NHS England may request copies of policies and may take a view on whether the coverage is reasonable.

46

National Variation procedure refined. National Variations make be required by, for example, changes in the law. NHS England may issue a Variation which has automatic effect on three months’ notice. Providers not wishing to continue with the contract as varied must give notice before the effective date of the variation, and the contract will then terminate on the effective date of the variation.

46

Local variation procedure simplified.

63

The move to NHS England from Health Education England means this agreement when made with NHS Trusts (but not foundation Trusts) for example, could be considered an “NHS contract” under the 2006 Act. Therefore, an additional determination provision under that Act has been included as a saving provision.

Schedule 1- Provider Services – editorial changes

Current Section

Change

Variously- 6.2, 6.3, 9.8,

References to local agreements and letters updated to confirm Change Control Notice required to document funding agreed.

Activity Box added

For simplicity of completion, where a provider is performing an activity, the relevant box at the front of the Schedule should be ticked. This will avoid need to delete clauses in the Schedule, reducing bureaucracy.

One or more Change Control Notices will record the services agreed under the Schedule with each provider.

2 Milestones

Former Clause 4- No changes.

3 Facilitation and Assessment of Practice Learning- All Learners

Former Clause 5- No changes.

4 Workforce Management Planning

Former clause 8- No changes.

6 Additions to Services

Former Clause 15. No changes.

7. Variation and Change Control

Former Clause 17. No changes.

8 Pre-Registration Clinical Placements

Former Clause 3. No Changes.

12 Postgraduate Medical and Dental Placements

Former Clause 11. No Changes.

Schedule 1- Provider Services – Changes and insertion of new sections

Current Section

Change

13 Apprenticeships

Former Clause 13. Clarified that this only applies to those in receipt of funding for Apprenticeships under this agreement, not more broadly.

14 Education Support

Former Clause 16. Minor clarification that where this occurs a Change Control Notice will be entered into. The form of secondment agreement is included in Annex 2.

Workforce Development (WD) Funding

Removed from this schedule, NHS England deems the funding out of scope of core funding targeted via this Agreement.

9 Clinical Salary Support

Former Clause 6. No Changes.

10 Undergraduate Medical Education (UGME).

Former Clause 9. Schedule 1 no longer details requirements. These have been included in Tri-Partite Agreement UGME which must be signed.

The TPA UGME appears as Schedule 4 Part B Agreement.

11 Undergraduate Dental Education (UGDE)

Former Clause 10. Schedule 1 no longer details requirements. These have been included in Tri-Partite Agreement -UGDE which must be signed.

The Tri-Partite Agreement UGDE appear as Schedule 4 Part B Agreement.

15 -19 Pharmacy Education and Training Activities

New Clauses.

20 – Provision of Doctor’s Training in General Practice

New clauses.

Current Section

Change

1.3.

Deletion of the old clause. Tri-Partite Agreement (TPA) UGME funding is incorporated into the Education and Training Tariff Section 1.1. not in the TPA UGME schedule.

4 & 5

Minor amendment to reflect that the mechanism for determination of the amounts is not set out in the Schedule.

8

For payments to Providers other than NHS bodies the wording has been amended to reflect that the notification made of the Funding amount is separate to the Schedule.

10

Deletion of clause 10, no payments will be made to NHS organisation without invoices.

Current section

Change

1.1

Wording changed to “NHS England Workforce, Training and Education (WT&E) is responsible for ensuring that there are high quality learning environments for all healthcare learners.”

1.2

Wording changed to “This Schedule sets out the expectations for Providers in respect of the application and monitoring of education quality through the NHS England Quality Strategy and Framework and associated quality and performance requirements.”

1.3

New section added.

1.4

New section added.

1.5

New section added.

2.1

Amended ‘Clinical learning Environments’ to ‘Providers.’

2.2

Change from ‘clinical learning environment’ to ‘learning environment.’

Change from ‘NHS England’s Learners’ to ‘learners.’

2.3

Condensed to only 1 clause to read: “The Education Quality Framework articulates the expectations NHS England requires of the quality of the learning environment as a whole system, working alongside regulatory and professional frameworks and requirements, where relevant.”

2.4

Expanded to 11 sub-clauses.

2.5 and 2.6

All sub-clauses of 2.5 and 2.6 condensed to the following clause “The quality assurance processes are defined in the NHS England Quality Strategy and facilitates a risk- based approach with exception reporting in relation to the monitoring and assessment of the learning environment. It outlines the responsibilities, expectations of all parties and the quality standards expected to be met as outlined above and in the Education Quality Strategy and Education Quality Framework.”

3.1

Wording amended to “The Provider is required to assure NHS England that the provision of healthcare education and training meets the expectations and standard of the NHS Education Quality Framework and Strategy.”

3.2.2

Wording amended to “the provider is seeking ways to improve the quality of experience for all students and learners so that they are supported to complete their courses and to enter the workplace confidently and effectively.”

3.2.3

Wording amended to “all other regulatory conditions are being met (or the Provider is actively engaging and cooperating with a regulator to address any issues);”

3.2.4

Wording amended to “it ensures that regular communication is taking place between the Provider and NHS England and any other stakeholders (for example between education and placement providers) as are necessary to deliver agreed services;.”

3.2.5

New sub-clause added: “In line with the NHS England education concerns process, they provide assurance that issues/concerns in relation to the learning environment, learners and educators are reported to NHS England”.

3.3 – 3.3.8

Wording amended to “An Agreement Review Meeting is held in accordance with clause 26 of the NHS Funding Agreement where there are concerns from either party that need further discussion to ensure the obligations under the agreement are being met”.

3.4-3.4.3

Wording amended to “The provider is required to complete an annual education and training self-assessment, demonstrating compliance, by exception, against the Education Quality Framework Standards. Providers should have educational governance arrangements which enable organisational self-assessment of performance against the education quality standards. Engage with the whole system where a learning environment is applicable.”

3.5

3.6-3.8 removed and replaced with “Annex 1 outlines the KPIs required as part of this agreement”.

KPI 1

New KPI added to require engagement with the Workforce & Training Directorate.

KPI 4

Requirement for effective governance added.

Annex 2

The Bi-Annual report requirement has been removed.

Schedule 4 – Tri-Partite Agreements (TPA)

Current Section

Change

Tri-Partite Agreement (TPA)- Undergraduate Dental Education (UGDE) as Schedule 4A   to replace the Generic TPA Template

New TPA for undergraduate dental education included that will govern UGDE funding.

Tri-Partite Agreement (TPA) – Undergraduate Medical Education (UGME)

Updated TPA for undergraduate medical education included. Terms formerly included in the Core terms relating to this provision have been included in this schedule.

Generic TPA

The general TPA (old Schedule 4A) is removed from schedule 4.

This will be published as part of the guidance documents rather than being included in these agreements.

Standard Placement Agreement

The standard placement agreement (Old Schedule 4C) has been removed from this section.

The Placement Agreement will be published as part of the guidance documents rather than being included in the agreement.

Current Clause

Change

Additional definitions

Removed (including Annex A) as incorporated in the Core Terms. Not required as duplication.

GDPR UK changed to UK GDPR

To reflect more common usage and defined term under core terms.

3.

Amended ‘personal data’ to ‘data.’

Amended bullet point 12 to ‘Anonymised summary data to be created by NHS England and shared back with data providers to enable them to baseline their data with regional and national summary data. Anonymised analysis may also be shared with partner organisations such as NHS England/I, DHSC and ICBs for the purposes of workforce modelling.’

13.

Amended bullet point 2 to “Sharing of the aggregated data described in section 3 for the purpose of aiding workforce planning in ICBs is to be governed by a Data sharing agreement to ensure only aggregated data shown below is shared with nominated users in ICBs and DHSC, and that the data is used for the purpose of aiding workforce planning, assessing future supply in ICB areas and for benchmarking by ICBs, and not used for any other purpose (e.g. performance management).”

.12.4

Removed drafting and referenced a defined term (Data Protection Legislation) in the core terms.

17

Reference to insurance clauses not required and have been deleted. Already included the core terms.

Appendix A

Deleted as noted above, definitions now in core terms.

Appendix B

Guidance notes for completion deleted the document is already completed

Appendix C

Deleted. The change control notice from the core terms utilised instead to reduce length of document.

Section

Changes

4.2.2

Correction of clause “disclosure” replaced by “removal.”

4.2.6

Deletion of extraneous word “relevant.”

4.5.1.1

Removal of deeming provision as obligation to have agreement in place more certain than a deeming provision where the deemed terms are not specified.

4.5.2

Correction to clause to refer to “other party” not just to Education provider.

4.6.1

Reference to “part” of the agreement being capable of termination deleted as not applicable.

4.12

The Change Control Notice in the NHS Education Funding Agreement to be used to avoid unnecessary duplication of documents.

Annex 1

Deleted following change to 4.12 referenced above.

Section

Changes

Generic terms

Updated references to NHS Education Funding Agreement.

19.2 & 19.3

Updated law and jurisdiction clause.

No other changes have been requested or considered.