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

Regulation 10

SCHEDULE 1 MATTERS TO BE INCLUDED IN STANDING ORDERS REGULATING MEETINGS AND PROCEEDINGS OF THE MANAGEMENT TEAM AND COMMITTEES

Calling meetings

1.—(1) The first meeting of the management team shall be held on such day and at such place as may be fixed by the chairperson and that person shall be responsible for convening the meeting.

(2) The chairperson may call a meeting of the management team at any time and the chairperson of a committee may call a meeting of that committee at any time but shall call a meeting when required to do so by the management team.

(3) If the chairperson refuses to call a meeting of the management team after a requisition for that purpose specifying the business proposed to be transacted, signed by at least one half of the whole number of directors, has been presented to the chairperson or if, without so refusing, the chairperson does not call a meeting within 7 days after such requisition has been presented, those directors who presented the requisition may forthwith call a meeting provided that no business shall be transacted at the meeting other than that specified in the requisition.

Notice of Meetings

2.—(1) Before each meeting of the management team, a notice of the meeting, specifying the time, place and business proposed to be transacted at it and signed by the chairperson, or by a director of the NHS trust authorised by the chairperson to sign on that person’s 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 them at least three clear days before the meeting.

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

(3) In the case of a meeting of the management team called by directors in default of the chairperson, the notice shall be signed by those directors who requisitioned the meeting in accordance with paragraph 1(3).

Conflict of interests

3.—(1) A director shall be excluded from a meeting in accordance with regulation 12 while any contract, proposed contract, or other matter in which they or an associate of theirs has an interest is under consideration.

(2) The exceptions and qualifications referred to in regulation 12(1) shall be specified.

Quorum

4.  No business shall be transacted at a meeting of the management team unless there are present, and entitled to vote, at least one third of the whole number of directors including at least one executive director and the chairperson or one trustee.

Conduct of meetings

5.—(1) At any meeting of a committee, the chairperson of that committee, if present, shall preside.

(2) If both the chairperson and vice-chairperson (if any) are absent from a meeting of the management committee a trustee chosen at the meeting by the directors present shall preside.

(3) If both the chairperson and vice-chairperson (if any) of a committee are absent from that committee a member of the committee chosen at the meeting by the other members present shall preside.

(4) If it is necessary or expedient to do so a meeting may be adjourned to another day, time and place.

Voting

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

Records

7.—(1) The names of the directors present at a meeting shall be recorded.

(2) The minutes of the proceedings of a meeting including any decision or resolution made at that meeting shall be drawn up and submitted to the next ensuing meeting for agreement after which they will be signed by the person presiding at that meeting.

Shared executive director post

8.  Subject to regulation 12, where a post of executive director is shared by more than one person in accordance with regulation 6(2)–

(a) those persons or any one of them shall be entitled to attend any meeting;

(b) where more than one of those persons attend they shall be entitled to a collective single vote on any topic raised at the meeting provided they have agreed between themselves as to the way in which the vote is to be cast;

(c) if they do not so agree no vote shall be cast by them;

(d) the presence of any one or more of those persons shall count as the presence of one person for the purpose of paragraph 4 of this Schedule.

Suspension and disqualification

9.  Any member of the management team may on reasonable cause shown be suspended from the management team or disqualified for taking part in any business of the management team in specified circumstances.