To be appointed Chair or Non-Executive Director, candidates must be a member of the Foundation Trust. Eligibility and criteria for disqualification as a member or as a director are shown below:
ELIGIBILITY TO BECOME A NON-EXECUTIVE DIRECTOR
A person may be appointed as a non-executive director only if:
- they are a member of the Public Constituency. The Public Constituency is comprised of the following areas:
Area A - Middlesbrough (defined by Local Authority boundaries)
Area B - Redcar and Cleveland (defined by Local Authority boundaries)
Area C - Hambleton and Richmondshire (defined by the boundaries of Hambleton District Council and Richmondshire District Council)
Area D - Rest of England (defined as any area of England other than those in areas A, B and C)
Area E - Patient and/or Carers. An individual who has, within the last 10 years, attended any of the Trust’s hospitals as either a patient or as the Carer of a Patient (defined as any of the public constituencies/Rest of England in areas A, B, C and D a Patient and/or Carer of the Trust.)
They are disqualified by virtue of paragraph 29 of the Trust’s Constitution:
BOARD OF DIRECTORS– DISQUALIFICATION
The following may not become or continue as a member of the Board of Directors:
- a person who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged.
- a person who has made a composition or arrangement with, or granted a Trust deed for, his creditors and has not been discharged in respect of it.
- a person who within the preceding five years has been convicted 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.
- a person where disclosures revealed by a Disclosure and Barring Service check against such a person are such that it would be inappropriate for him to become or continue as a Director or would adversely affect public confidence in the Trust or otherwise bring the Trust into disrepute.
- A person who is a member of the Council of Governors.A person who is the spouse, partner, parent or child of an existing member of the Board of Directors of the Trust.
- A person who is not a fit and proper person for the purposes of Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and/or Condition G4 of the Trust’s Licence.
- A person who is subject of a disqualification order made under the Company Directors Disqualification Act 1986.
- A person whose tenure of office as Chair or 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 reasons including non-attendance at meetings, or for non-disclosure of a pecuniary interest.
- A person who has within the preceding two years been dismissed, otherwise than by reason of redundancy or for ill health, from any paid employment with a health service body or a local authority.
- A person who is the subject of an order under the Sexual Offenders Act 2003.
- A person who is included in any barred list established under the Safeguarding Vulnerable Adults Act 2006 or any equivalent list.
- A person who is a Director or Governor or Governing Body member or equivalent of another NHS body except with the approval of the Board of Directors for Executive Directors or the Council of Governors for Non-executive Directors.
- A person who is a member of a Local Authority’s Overview and Scrutiny Committee or Health and Wellbeing Board covering health matters.
where any of the Trust’s hospitals include a medical or dental school provided by a university, and a person exercises functions for the purposes of that university.