The National Health Service Trusts (Membership and Procedure) Regulations 1990

Regulation 19(1)

SCHEDULE RULES AS TO MEETINGS AND PROCEEDINGS OF NHS TRUSTS

1.  The first meeting of an NHS trust shall be held on such day and at such place as may be fixed by the chairman and he shall be responsible for convening the meeting.

2.—(1) The chairman may call a meeting of the NHS trust at any time.

(2) If the chairman refuses to call a meeting after a requisition for that purpose, signed by at least one third of the whole number of directors, has been presented to him or if, without so refusing, the chairman does not call a meeting within seven days after such requisition has been presented to him, such one third or more members shall forthwith call a meeting.

(3) Before each meeting of an NHS trust, a notice of the meeting, specifying the business proposed to be transacted at it and signed by the chairman, or by an officer of the trust authorised by the chairman to sign on his behalf, shall be delivered to every director or sent by post to the usual place of residence of such director so as to be available to him at least three clear days before the meeting.

(4) Lack of service of the notice on any director shall not affect the validity of a meeting.

(5) In the case of a meeting called by directors in default of the chairman, the notice shall be signed by those directors and no business shall be transacted at the meeting other than that specified in the notice.

3.—(1) At any meeting of an NHS trust the chairman, if present, shall preside.

(2) If the chairman and vice-chairman (if any) are absent such non-executive director as the directors present shall choose shall preside.

(3) Every question at a meeting shall be determined by a majority of the votes of the directors present voting on the question and, in the case of any equality of votes, the person presiding shall have a second casting vote.

(4) The names of the directors present at the meeting shall be recorded.

(5) No business shall be transacted at a meeting of an NHS trust unless one third of the whole number of directors are present including on or after the operational date at least one executive director and one non-executive director.

(6) The minutes of the proceedings of a meeting shall be drawn up and submitted for agreement at the next ensuing meeting where they will be signed by the person presiding at it.

4.  Where a post of executive director is shared by more than one person in pursuance of regulation 6–

(a) both persons shall be entitled to attend meetings of the NHS trust;

(b) either of those persons shall be eligible to vote in the case of agreement between them;

(c) in the case of disagreement between them no vote shall be cast;

(d) the presence of either or both of those persons shall count as one person for the purpose of paragraph 3(5) of this Schedule.