National Health Service Act 2006

[F1Council of Governors]E+W

7(1)A public benefit corporation has [F2a 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 [F3the council] .

(3)The members of [F3the 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 [F3the council].

8(1)The following may not become or continue as members of [F4the council] of governors—E+W

(a)a person who has been [F5made] 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 [F4the council].

9(1)More than half of the members of [F4the 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 [F4the council] must be elected by the staff constituency or, where there are classes within it, at least one member of [F4the council] must be elected by each class and at least three members must be elected altogether.

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

(4)At least one member of [F4the 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 [F4the 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).]

10(1)An elected member of [F4the 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.

[F910AE+WThe 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.]

[F1010BE+WA 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.]

[F1110CE+WFor 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.]

11E+WThe corporation may pay travelling and other expenses to members of [F4the council] of governors at rates decided by the corporation.

12E+WThe constitution must provide for the chairman of the corporation or (in his absence) another person to preside at meetings of [F4the council] of governors.

13(1)The constitution must provide for meetings of [F4the 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.

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

(a)the conduct of elections for membership of [F4the council],

(b)the appointment of persons to membership,

(c)the practice and procedure of [F4the council],

(d)the removal of a member from office.

(2)The constitution may make further provision about [F4the council].