The National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 2001

PART III MEMBERSHIP: EXECUTIVE DIRECTORS

Appointment and term of office

6.—(1) The executive directors of a NHS trust shall include–

(a) the chief officer;

(b) the chief finance officer;

(c) except in the case of a NHS trust which does not provide services directly to patients

(i) medical or a dental practitioner; and

(ii) registered nurse or midwife within the meaning of section 10 (7) of the Nurses, Midwives and Health Visitors Act 1979(1).

(2) Where one person is appointed jointly with one or more others to a post in a NHS trust the holder of which qualifies as such to be an executive director, those persons shall become or be appointed jointly as an executive director, and shall count for the purposes of these Regulations as one person.

(3) Subject to regulation 7, an executive director of a NHS trust who is not the chief officer or chief finance officer shall hold office as such during such period as is specified on appointment but for no longer than the period during which they hold a post in the NHS trust.

(4) An executive director of a NHS trust, other than the chief officer and the chief finance officer, shall on the termination of the period of their appointment as such a director be eligible for re-appointment.

(5) An executive director of a NHS trust who holds such office by virtue of being the chief officer or chief finance officer, of the trust shall hold such office for so long as they are chief officer or as the case may be chief finance officer, and shall cease to hold such office forthwith and without notice upon ceasing to be chief officer or the chief finance officer.

Resignation and removal

7.—(1) Except in the case of the chief officer or chief finance officer, if the NHS trust considers that it is not in the interests of the NHS trust that an executive director of the trust should continue to hold office as such then the NHS trust shall forthwith terminate the appointment of that person as a director.

(2) An executive director of a NHS trust who is suspended from their post as an employee of the trust shall be suspended automatically and without notice from performing their functions as a director of the NHS trust during the period of their suspension as such employee.

(3) Except in the case of the chief officer or chief finance officer, an executive director of a NHS trust may resign office as director at any time during the period for which they were appointed as director by giving notice in writing to that effect to the NHS trust.

(4) Where any director becomes disqualified in terms of regulation 8 the appointment of that person as a director of a NHS trust shall terminate forthwith.

Disqualification

8.  Regulation 4 applies to disqualify a director of a NHS trust as it applies to disqualify a chairperson or trustee.

(1)

1979 c. 36.