Eligibility criteria
Stockport NHS Foundation Trust
Criteria for eligibility for appointment as a member of the Board
A person may be appointed as a non-executive Director only if –
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- he/she is a member of a Public Constituency and
- he/she is not disqualified by virtue of paragraph 29 of the 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 14 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.
Further provisions as to the circumstances in which an individual may not become or continue as member of the Board of Directors are set out at Annex 5.
Appointment of Chairman and other non-executive Directors
The Chairman and the non-executive Directors are to be appointed by the Council of Governors in accordance with paragraph 26 of the constitution using the following procedure:
- The Council of Governors taking into account recommendations from the Nominations Committee will maintain a policy for the composition of the non-executive Directors which takes account of the membership strategy, and which they shall review from time to time and not less than every three years.
- The Board of Directors may work with an external organisation recognised as expert at appointments to identify the skills and experience required for non-executive Directors.
- Appropriate candidates will be identified by a Nominations Committee through a process of open competition, which take account of the policy maintained by the Council of Governors and the skills and experience required.
- The Nominations Committee will comprise the Chairman (or, when a Chairman is being appointed, the Deputy Chairman unless they are standing for appointment, in which case another non-executive Director), Deputy Chairman and five Governors. The Chairman of another Foundation Trust, or another appropriate person, will be invited to act as an independent assessor to the Nominations Committee. The Nominations Committee will
consult the Chief Executive. - The Nominations Committee will make a recommendation to the Council of Governors for approval.
- 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 has approved. A non-executive Director (including the Chair) may serve on the Board of Directors for longer than six (6) consecutive years, subject to annual appointment. Non-executive Directors (including the Chair) shall not hold office for longer than nine (9) years unless agreed with NHS England.
Removal of Chairman and other non-executive Directors
The Chairman or another non-executive Director may be removed by the Council of Governors in accordance with paragraph 26 of the constitution, subject to the following procedure:
- Any proposal for removal must be proposed by a Governor and seconded by not less than ten Governors including at least two elected Governors and two appointed Governors.
- Written reasons for the proposal shall be provided to the non-executive Director in question, who shall be given the opportunity to respond to such reasons.
- In making any decision to remove a non-executive Director, the Council of Governors shall 29 take into account the annual appraisal carried out by the Chairman.
- If any proposal to remove a non-executive Director is not approved at a meeting of the Council of Governors, no further proposal can be put forward to remove such non-executive Director based upon the same reasons within 12 months of the meeting.
Tameside and Glossop Integrated Care NHS Foundation Trust
Criteria for eligibility for appointment as a member of the Board
A person may be appointed as a non-executive director only if:
- he/she is a member of the Public Constituency, or
- where any of the Trust’s hospitals includes a medical or dental school provided by a university, he/she exercises functions for the purposes of that university, and
- he/she is not disqualified by virtue of Paragraph 30 of the Constitution.
Board of Directors – appointment and removal of Chairman
- The Chairman of the former Tameside & Glossop Acute Services NHS Trust shall be appointed as the initial Chairman of the Foundation Trust if
he/she wishes to be appointed. - The power of the Council of Governors to appoint the other Non-Executive Directors of the Trust is to be exercised, so far as possible, by appointing
as the initial Non-Executive Directors of the Trust any of the Non-Executive Directors of the former Tameside & Glossop Acute Services NHS Trust
(other than the Chair) who wish to be appointed. - The criteria for qualification for appointment as a Non-Executive Director set out in Paragraph 24 above (other than disqualification by virtue of
Paragraph 30 below) do not apply to the appointment of the initial Chairman and the initial other Non-Executive Directors in accordance with
the procedures set out in this paragraph. - An individual appointed as the initial Chairman or as an initial NonExecutive Director in accordance with the provisions of this paragraph shall
be appointed for the unexpired period of his/her term of office as Chair or (as the case may be) Non-Executive Director of the former Tameside &
Glossop Acute Services NHS Trust; but if, on appointment, that period is less than 12 months, he/she shall be appointed for 12 months.
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 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/her.
Terms of Appointment
Terms of Office
- This is a single role, chairing two NHS Foundation Trusts
- The initial appointment will be for a period of up to three years after which you may be considered for a further term of office subject to the needs of both organisations and good performance in the role
- In exceptional circumstances you may serve longer than six years subject to annual reappointment and subject to external competition if recommended by the Boards and approved by the Councils in accordance with the Trusts’ constitutions
- The Joint Chair is required to be a member of both Trusts
- The Joint Chair must demonstrate high standards of corporate and personal conduct.
- The Trusts constitutions include disqualification criteria for those who may not become or continue as a member of the Board of Directors.
Fit and Proper Persons Criteria for Directors in the NHS
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- Given the significant public profile and responsibility members of NHS Boards hold, it is essential that those appointed inspire confidence of the public, patients, service users, carers and NHS staff at all times
- A number of specific background checks will therefore be undertaken to ensure that those appointed are ‘fit and proper’ people to hold this important role
- All candidates will be required to complete a self-declaration that they meet the requirements of the Fit and Proper Persons regulations; and the successful candidate will be required to meet these regulations on a continuing basis.