Eligibility

The general duty of the Board of Directors and of each director individually, is to act with a view to promoting the success of the trust so as to maximise the benefits for the members of the trust as a whole and for the public.

A person may be appointed as a non-executive director only if:

he/she is a member of a Public Constituency (which means being resident in either England or Wales); and
he/she is not disqualified by virtue of paragraph below.

The following may not become or continue as a member of the Board of Directors:

a person who has been made bankrupt or whose estate has been sequestrated and (in either case) has not been discharged; a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986);
a person who has made a composition or arrangement with, or granted a trust deed for, his/her creditors and has not been discharged in respect of it;
a person who within the preceding five years has been convicted in the British Islands of any offence if a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine) was imposed on him/her.
A person may not become or continue as a director of the trust if they are a member of the Council of Governors;
they are a governor of another NHS body; they are the spouse, partner, parent or child of a member of the Board of Directors of the trust;
they are a member of a local authority’s scrutiny committee covering health matters; they are a person whose tenure of office as a chair or as a member or director of an NHS body has been terminated on the grounds that their appointment is not in the interests of the health service, for non-attendance at meetings, or for the nondisclosure of a pecuniary interest;
they have within the preceding two years been dismissed, otherwise than by reason of redundancy, from any paid employment with an NHS body;
they are the subject of a disqualification order made under the Company Directors Disqualification Act 1986; in the case of a non-executive director, they are no longer a member of one of the Public Constituencies;
in the case of a non-executive director they have refused without reasonable cause to fulfil any training requirement for members of the Board of Directors;
they have refused to sign and deliver to the Trust Secretary a statement in the form required by the Board of Directors confirming acceptance of any code of conduct for directors;
on the basis of disclosures obtained through an application to the Disclosure and Barring Service, they are not considered suitable by the trust’s director responsible for human resources;View our Constitution
they are a person who has had their name removed or been suspended from any list (including any performers list prepared under the 2006 Act or under any related subordinate legislation) or who has otherwise been suspended or disqualified from any healthcare profession, and has not subsequently had their name included in such a list or had their suspension lifted or qualification reinstated;
they are a person who fails to satisfy the fit and proper persons requirements for directors as detailed in Regulation 5 of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, as may be amended from time to time; or
they have previously been or are currently subject to a sex offender order and/or required to register under the Sexual Offences Act 2003 or have committed a sexual offence prior to the requirement to register under current legislation.

View our Constitution