Consent to use
User agreement to sharing information (to enable the supply of NHS SBS PHB e-Marketplace)
I understand that the e-Marketplace has been established between NHS Shared Business Services and CloudBuy to provide a single point of reference for services and goods that my local Heath Organisation has selected as approved options for purchase to support me as part of the Personal Health Budget programme.
My care team within the Local Health Organisations has explained the arrangements for using the e-Marketplace and I understand these arrangements.
I am providing my consent that my information is provided to the e-Marketplace either from my Local Health Organisation or directly from me during my use of the e-Marketplace and I understand how the information will be used.
By accepting this agreement I further consent to the terms below:
o I agree to ensure that the information used by the Marketplace is correct and accurate at all times. I also agree to inform the Local Health Organisation if I change any personal details on the e-Marketplace.
o I agree to the exchange of information between myself, the e-Marketplace (Including NHS Shared Business Services Ltd and Cloudbuy Plc) for the purpose of supporting my use of the services.
o I agree that NHS Shared Business Services Ltd may use anonymised information relating to the purchases of goods and services that I have purchased via the e-Marketplace to provide benchmarking services to the NHS.
o I understand that the e-Marketplace will keep information confidential and will not give information to anyone else without my prior consent, except relevant information provided to check payments to the supplier (see below) or required by UK Legislation.
Any contact between you and a supplier is initiated by yourself only and is based on a level of implied consent by you to share certain level of information held on the e-Marketplace. Any additional information provided is excluded from this consent and is between yourself and the supplier.
o I agree to the exchange of information between myself and selected suppliers available on the e-Marketplace for the purpose of supporting my use of the services.
o I understand that the suppliers listed on the e-Marketplace will keep information provided confidential and will not give information to anyone else without my prior consent, except relevant information provided to check payments to the supplier (see below) or required by UK Legislation.
o To enable the NHS to prevent and detect any fraud or incorrectness, I consent to the disclosure of relevant information to and by the Supplier, my Local Heath Organisation, and NHS Protect.
By accepting the conditions outlined in this document, I confirm that I am the named patient or that I have delegated responsibility' for the named holder of the Personal Health Budget and provide my consent for the use of Personal Confidential Data provided to the e-Marketplace.
I understand that I may, if I wish, withdraw my consent at any time and will notify both the eMarket Place and my Local Health Organisation of any such decision in writing.
Who can give consent?
Everyone aged 16 or more is presumed to be competent to give consent for themselves, unless the opposite is demonstrated.
If a child under the age of 16 has "sufficient understanding and intelligence to enable him or her to understand fully what is proposed", then he or she will be competent to give consent for himself or herself.
Young people aged 16 and 17 and legally 'competent' younger children may therefore sign this form for themselves, but may elect a parent to countersign as well.
If the child is not able to give consent for himself or herself, someone with parental responsibility may do so on their behalf.
Even where a child is able to give consent for himself or herself, those with parental responsibility in the child's care should always be involved unless the child specifically requests otherwise.
If a patient is mentally competent to give consent but is physically unable to sign a form, complete this form and ask an independent witness to confirm that the patient has given consent orally or non-verbally.
Adult patient (18 or over) lacks capacity to give or withhold consent. Please follow local procedures.
Guidance on the law on consent
See the Department of Health publications Reference guide to consent for examination or treatment and Seeking consent: working with children for a comprehensive summary of the law on consent (also available at www.doh.gov.uk/consent).