National Health Service Act 2006

[F1 Council of Governors] E+W

Textual Amendments

F1 Sch. 7 para. 7 cross-heading substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(c), 306(4); S.I. 2012/1831, art. 2(2)

7 (1) A public benefit corporation has [F2 a council of governors]. E+W

(2) Only members of the corporation and persons appointed under the following provisions may become or continue as members of [F3 the council] .

(3) The members of [F3 the council] other than the appointed members must be chosen by election.

(4) Members of a constituency or, where there are classes within it, members of each class may elect any of their number to be a member of [F3 the council].

Textual Amendments

F2 Words in Sch. 7 para. 7(1) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(1)(a), 306(4); S.I. 2012/1831, art. 2(2)

F3 Words in Sch. 7 para. 7(2)(3)(4) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(1)(b), 306(4); S.I. 2012/1831, art. 2(2)

8 (1) The following may not become or continue as members of [F4 the council] of governors— E+W

(a) a person who has been [F5 made] bankrupt or whose estate has been sequestrated and (in either case) has not been discharged,

[F6 (aa) a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986),]

(b) 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,

(c) 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.

(2) The constitution may make further provision as to the circumstances in which a person may not become or continue as a member of [F4 the council].

Textual Amendments

F4 Words in Sch. 7 paras. 8-14 substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(b), 306(4); S.I. 2012/1831, art. 2(2)

F5 Word in Sch. 7 para. 8(1)(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

F6 Sch. 7 para. 8(1)(aa) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 57 (with art. 5)

9 (1) More than half of the members of [F4 the council] of governors must be elected by members of the corporation other than those who come within paragraph 3(1)(b). E+W

(2) At least three members of [F4 the council] must be elected by the staff constituency or, where there are classes within it, at least one member of [F4 the council] must be elected by each class and at least three members must be elected altogether.

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) At least one member of [F4 the council] must be appointed by one or more qualifying local authorities.

(5) A qualifying local authority is a local authority for an area which includes the whole or part of an area specified in the constitution as the area for a public constituency.

(6) If any of the corporation's hospitals includes a medical or dental school provided by a university, at least one member of [F4 the council] must be appointed by that university.

[F8 (7) Any organisation specified in the constitution for the purposes of this sub-paragraph may appoint one or more members of the council (but no more than the number specified for those purposes in the constitution).]

Textual Amendments

F4 Words in Sch. 7 paras. 8-14 substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(b), 306(4); S.I. 2012/1831, art. 2(2)

F7 Sch. 7 para. 9(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 151(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 Sch. 7 para. 9(7) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 151(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

10 (1) An elected member of [F4 the council] of governors may hold office for a period of three years. E+W

(2) Such a member is eligible for re-election at the end of that period.

(3) But such a member ceases to hold office if he ceases to be a member of the corporation.

Textual Amendments

F4 Words in Sch. 7 paras. 8-14 substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(b), 306(4); S.I. 2012/1831, art. 2(2)

[F9 10A E+W The general duties of the council of governors are—

(a) to hold the non-executive directors individually and collectively to account for the performance of the board of directors, and

(b) to represent the interests of the members of the corporation as a whole and the interests of the public.]

Textual Amendments

F9 Sch. 7 para. 10A inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 151(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F10 10B E+W A public benefit corporation must take steps to secure that the governors are equipped with the skills and knowledge they require in their capacity as such.]

Textual Amendments

F10 Sch. 7 para. 10B inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 151(5), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F11 10C E+W For the purpose of obtaining information about the corporation's performance of its functions or the directors' performance of their duties (and deciding whether to propose a vote on the corporation's or directors' performance), the council of governors may require one or more of the directors to attend a meeting.]

Textual Amendments

F11 Sch. 7 para. 10C inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 151(6), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

11 E+W The corporation may pay travelling and other expenses to members of [F4 the council] of governors at rates decided by the corporation.

Textual Amendments

F4 Words in Sch. 7 paras. 8-14 substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(b), 306(4); S.I. 2012/1831, art. 2(2)

12 E+W The constitution must provide for the chairman of the corporation or (in his absence) another person to preside at meetings of [F4 the council] of governors.

Textual Amendments

F4 Words in Sch. 7 paras. 8-14 substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(b), 306(4); S.I. 2012/1831, art. 2(2)

13 (1) The constitution must provide for meetings of [F4 the council] of governors to be open to members of the public. E+W

(2) But the constitution may provide for members of the public to be excluded from a meeting for special reasons.

Textual Amendments

F4 Words in Sch. 7 paras. 8-14 substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(b), 306(4); S.I. 2012/1831, art. 2(2)

14 (1) The constitution must make provision as to— E+W

(a) the conduct of elections for membership of [F4 the council],

(b) the appointment of persons to membership,

(c) the practice and procedure of [F4 the council],

(d) the removal of a member from office.

(2) The constitution may make further provision about [F4 the council].

Textual Amendments

F4 Words in Sch. 7 paras. 8-14 substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(b), 306(4); S.I. 2012/1831, art. 2(2)