Board of Directors – qualification for appointment as a nonexecutive director
A person may be appointed as a non-executive director only if;
24.1 - He is a member of a Public Constituency, and
24.2 - He is not disqualified by virtue of paragraph 30 below
Board of Directors – disqualification
The following may not become or continue as a member of the Board of Directors:
30.1 - A person who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged.
30.2 - 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.
30.3 - 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.
30.4 - A member of the Council of Governors.
30.5 - A member of the Healthwatch Board (or any successor body in respect of patient engagement).
30.6 - A spouse, partner, parent or child of a member of the Board of Directors.
30.7 - A member of a local authority’s Scrutiny Committee covering health matters.
30.8 - A person who is the subject of an unexpired disqualification order made under the Company Directors Disqualification Act 1986.
30.9 - A person whose tenure in office as a chair or as a member or director of a health service (whether National Health Service, private or independent care commissioner or provider) body has been terminated on the grounds that their appointment is not in the interests of the health service, non attendance at meetings, or for non-disclosure of a pecuniary interest.
30.10 - A person who within the preceding two years has been dismissed, otherwise than by reasons of redundancy, from any paid employment with a health service body (whether National Health Service, private or independent care commissioner or provider) .
30.11 - In the case of a non-executive director, a person who has refused without reasonable cause to fulfil any training requirement established by the Board of Directors.
30.12 - A person who has 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
30.13 - In the case of a non-executive director (other than the initial chairman and other non-executive directors appointed under paragraph 26 (if any)), a person who is no longer a member of the Public Constituency.
30.14 - 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 paragraph 30.10.