Board of Directors – qualification for appointment as a non-executive director
A person may be appointed as a non-executive director only if:
They are a member of the Public Constituency (listed below); and
They are not disqualified by virtue of paragraph 26 or Annex 6 of the Trust Constitution, details of which are below.
The areas for the Public Constituency are: -
- Merseyside (Districts of Knowsley, Liverpool, Sefton, St Helens and Wirral, including all electoral wards in those Districts)
- Cheshire (Districts of Chester, Congleton, Crewe and Nantwich, Ellesmere Port and Neston, Macclesfield, Vale Royal, Warrington and Halton, including all electoral wards in those Districts)
- North Wales (Districts of Conwy, Denbighshire, Flintshire, Gwynedd, Isle of Anglesey and Wrexham, including all electoral wards in those Districts)
- Rest of England and Wales
Board of Directors – disqualification
Paragraph 26 of the Trust Constitution:
The following may not become or continue as a member of the Board of Directors:
26.1 - a person who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged.
26.2 - 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.
26.3 - a person who within the preceding five years has been convicted in the British Isles 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.
Further provisions as to the circumstances in which an individual may not become or continue as a member of the Board of Directors are set out at Annex 6.
Excerpt from Annex 6 of the Trust Constitution:
Further provisions as to disqualification of Directors
A person may not become or continue as a director of the Foundation Trust if:
3.1 - they are a Governor on the Council of Governors or a governor of an NHS body;
3.2 - they are a member of Local Healthwatch;
3.3 - they are the spouse, partner, parent or child of a member of the Board of Directors of the Foundation Trust;
3.4 - they have, or they are a member of a committee which has, any role on behalf of a local authority or the Welsh Assembly to scrutinise and review health matters;
3.5 - they are the subject of a disqualification order made under the Company Directors Disqualification Act 1986;
3.6 - 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 non-disclosure of a pecuniary interest;
3.7 - they have within the preceding two years been dismissed, otherwise than by reason of redundancy, from any paid employment with an NHS body;
3.8 - in the case of a non-executive director they have refused without reasonable cause to fulfil any training requirement established by the Board of Directors; or
3.9 - they have refused to sign and deliver to the Secretary a statement in the form required by the Board of Directors confirming acceptance of the code of conduct for directors.
3.10 - they are incapable by reason of mental disorder, illness or injury of managing or administering their property and affairs.