Eligibility Criteria

Only a Member of one of the Public, Service Users and Carers constituencies is eligible for appointment as a non-executive Director.

Terms of Office

The Chair and the non-executive Directors are to be appointed for a period of office in accordance with the terms and conditions of office decided by the Council of governors at a general meeting. Any re-appointment of a non-executive Director by the Council of governors shall be subject to a satisfactory appraisal carried out in accordance with procedures which the Board of Directors have approved.

The remuneration committee of non-executive Directors shall decide the terms and conditions of office including remuneration and allowances of all the executive Directors.

The Trust’s constitution places a number of restrictions on an individual’s ability to become or continue as a director. A person may not become or continue as a Director of the Foundation Trust if:

  • they are the spouse, Partner, parent or child of a Member of the Board of Directors of the Foundation Trust;
  • they are a Member of a local authority’s Scrutiny Committee covering health matters.
  • they have been adjudged bankrupt or their estate has been sequestrated and in either case they have not been discharged;
  • they have made a composition or arrangement with, or granted a trust deed for, their creditors and have not been discharged in respect of it;
  • they have within the preceding five years been convicted in the British Islands of any offence, and a sentence of imprisonment (whether suspended or not) for a period of three months or more was imposed or are currently serving a term of imprisonment;
  • 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, Service Users and Carers constituencies;
  • they are a person whose tenure of office as a Chair or as a Member or Director of a health service 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; Midlands Partnership University NHS Foundation Trust Constitution Page 19 of 86
  • they have had their name removed, by a direction under section 46 of the 1977 Act from any list prepared under Part II of that Act or has otherwise been suspended or disqualified from any healthcare profession, and have not subsequently had their name included in such a list or had their suspension lifted or qualification re-instated (as applicable);
  • their name is on the Sex Offenders Register;
  • they have within the preceding two years been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
  • in the case of a non-executive Director they have refused to fulfil any training requirement established by the Board of Directors; or
  • 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.