Eligibility Criteria

To hold this post, you must be eligible to be a member of the Trust, as detailed in provision 24 of the Trust Constitution.

 

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Eligibility to become a Non-Executive Director

A person may be appointed as Non-Executive Director only if they are a member of the Public Constituency.

The Public Constituency is comprised of the following areas:

  • South Birmingham
  • Central and West Birmingham
  • Birmingham East and North
  • West Midlands Region

       Criteria for Disqualification

      Not everybody is eligible to be appointed as a Non-Executive Director of an NHS Foundation Trust.  The following may not serve or continue to serve as a non-executive member of the Board of Directors, you are:

      • a person who has been adjudged 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 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 and a sentence of imprisonment (whether suspended or not) for a period of three months or more (without the option of a fine) was imposed on him;
      • a person who, in the case of a non-executive director, no longer satisfies paragraph 23 (if applicable);
      • 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 his appointment is not in the interests of public service, for non-attendance at meetings, or for non-disclosure of a pecuniary interest;
      • a person who has had his name removed from a practising list by a direction under any applicable legislation or has otherwise been disqualified or suspended from any healthcare profession, and has not subsequently had his name included in such a list or had his qualification re-instated or suspension lifted (as applicable);
      • a person who has within the preceding two years been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
      • a person who is a member of a local authority Health Overview and Scrutiny Committee;
      • a person who is a subject of a disqualification order made under the Company Directors’ Disqualification Act 1986;
      • a person who has failed without reasonable cause to fulfil any training requirement established by the Board of Directors;
      • a person who has failed to sign and deliver to the Secretary a statement in the form required by the Board of Directors confirming acceptance of the Directors’ Code of Conduct;
      • a person who is the spouse, partner, parent or child of a member of the Board of Directors (including the Chair) of the Trust;
      • a person who is the subject of a Sex Offenders Order and/or his name is included in the Sex Offenders Register; or
      • where NHS Improvement (or Monitor) have exercised its powers under the 2006 Act to remove that person as a director of the Trust or any foundation trust within its jurisdiction or has suspended him from office or has disqualified him from holding officer as a director of the Trust or of any other foundation trust for a specified period.
      • Subject to paragraph 27.3, a person who is disqualified from becoming or continuing as a director on any of the grounds set out in paragraph 27.1 shall forthwith resign as a director of the Trust or if he fails to do so shall be removed forthwith by the Board of Directors and a new director appointed in his place in accordance with the provisions of this constitution.
      • The Board of Directors may exercise its discretion to allow any individual to become or continue as a member of the Board of Directors in respect of any matter that would otherwise bar such membership under paragraphs 27.1.5 to 27.1.14 (inclusive).

        The Requirement for Fit and Proper Persons

        As a Trust, we are not permitted to appoint a person to a non-executive director post unless:

        • they are of good character;
        • have the necessary qualifications, skills and experience;
        • where applicable, have not been erased, removed or struck-off a register of professionals maintained by a regulator of healthcare or social work professionals;
        • they are capable by reason of health of properly performing tasks which are intrinsic to the position;
        • they are not prohibited from holding office (eg directors disqualification order);
        • they have not been convicted of a criminal offence and sentenced to imprisonment of three months or more;
        • they have been un-discharged bankrupt nor have been subject to bankruptcy restrictions, or have made arrangement/compositions with creditors and has not discharged;
        • they do not appear on any ‘barred’ list;
        • they have not been responsible for, contributed to or facilitated any serious misconduct or mismanagement (whether unlawful or not) in the course of carrying on a regulated activity or providing a service elsewhere which, if provided in England, would be a regulated activity.

        The legislation states: if you are required to hold a registration with a relevant professional body to carry out your role, you must hold such registration and must have the entitlement to use any professional titles associated with this registration. Where you no longer meet the requirement to hold the registration, any if you are a healthcare professional, social worker or other professional registered with a healthcare or social care regulator, you must inform the regulator in question.

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