39APanel for advising governors

1

The regulator may appoint a panel of persons to which a governor of an NHS foundation trust may refer a question as to whether the trust has failed or is failing—

a

to act in accordance with its constitution, or

b

to act in accordance with provision made by or under this Chapter.

2

A governor may refer a question to the panel only if more than half of the members of the council of governors voting approve the referral.

3

The panel—

a

may regulate its own procedure, and

b

may establish such procedures, and make such other arrangements, as it considers appropriate for the purpose of determining questions referred to it under this section.

4

The panel may decide whether, or to what extent, to carry out an investigation on a question referred to it under this section.

5

The panel may for that purpose, or for the purpose of carrying out such an investigation, request information or advice.

6

Where the panel has carried out such an investigation, it must publish a report of its determination of the question referred to it.

7

If a person refuses to comply with a request made under subsection (5), the report under subsection (6) may refer to the refusal.

8

On any proceedings before a court or tribunal relating to a question referred to the panel under this section, the court may take the panel's report of its determination of the question into account.

9

The regulator—

a

must pay expenses properly incurred by the panel, and

b

must make administrative support available to the panel.

10

Regulations may make provision as to—

a

eligibility for membership of the panel;

b

the number of persons that may be appointed as members;

c

the terms of appointment of members;

d

circumstances in which a person ceases to be a member or may be suspended.