To be appointed Non-Executive Director, candidates must be a member of the Foundation Trust. Eligibility and criteria for disqualification as a member or as a director are shown below.
Eligibility to become a public member will be available to anyone who is 16 years of age and over who lives in our catchment area, which covers six public geographical constituencies*:
- Harrogate and surrounding villages
- Ripon and West District
- Knaresborough and East District
- Wetherby and Harewood including Otley and Yeadon, Adel and Wharfedale and Alwoodley wards.
- The Rest of North Yorkshire and York
- The Rest of England
* Further detail can be found in the Trust’s Constitution at Annex A.
Disqualification from Membership
A person may not be a member of the trust:
- If, in the opinion of the Council of Governors after following proper procedures as required by the trust’s standing orders, there are reasonable grounds to believe that they are likely to act in a way detrimental to the interests of the trust;
- If within the last five years they have perpetrated a serious incident of violence towards any of the trust’s facilities, employees or volunteers in association with their employment as defined in the trust’s Violence and Aggression Policy; or
- If they are not eligible to be a member in accordance with paragraphs 7.2 and 7.3 of the Trust’s Constitution.
A person may not become or continue as a Director of the trust if:
- they are not of good character;
- they do not have the qualifications, competence, skills and experience which are intrinsic for the work for which they are to be appointed, or have been appointed;
- they have been responsible for, been privy to, contributed to or facilitated any serious misconduct or mismanagement (whether unlawful or not) in the course of carrying out a regulated activity or providing a service which, if provided in England, would be a regulated activity;
- they have been adjudged bankrupt or their estate has been sequestrated and in either case they have not been discharged;
- they have made a composition or arrangement with, or granted a trust deed for, their creditors and have not been discharged in respect of it;
- they are the subject of a bankruptcy restriction order or an interim bankruptcy restriction order or an order to like effect made in Scotland or Northern Ireland;
- they are a person to whom a moratorium period under a debt relief order applied under Part VIIA (Debt Relief Order) of the Insolvency Act 1986;
- they are included on the children’s barred list or the adults’ barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006, or in any corresponding list maintained 29 Revised – April 2016 under an equivalent enactment in force in Scotland or Northern Ireland;
- they are prohibited from holding the relevant office or position or from carrying on the regulated activity, by or under enactment;
- they have within the preceding five years been convicted in the British Islands of any offence, and a sentence of imprisonment (whether suspended or not) for a period of three months or more (without the option of a fine) was imposed on them;
- any amount properly owing to the trust by them remains outstanding without good cause;
- they are the subject of a disqualification order made under the Company Directors Disqualification Act 1986;
- in the case of a Non-Executive Director, they are no longer a member of a public constituency;
- they are a person whose tenure of office as a Chairman or as a member or Director of a health service body has been terminated on the grounds that their appointing is not in the interests of the health service, for nonattendance at meetings or for non-disclosure of a pecuniary interest;
- they have had their name removed by a direction under paragraph 10 of the National Health Service (Performers Lists) Regulations 2004 or Section 151 of the 2006 Act (or similar provision elsewhere) and have not subsequently had their name included on such a list;
- they have within the preceding two years been dismissed, for reasons considered to be inappropriate by the trust, from any paid employment with a health service body;
- in the case of a Non-Executive Director they have without good reason failed to fulfil any training requirement established by the Board of Directors; 30 Revised – April 2016
- in the case of a Non-Executive Director they have failed to sign and deliver to the Company Secretary, a statement in the form required by the Board of Directors, confirming acceptance of the code of conduct for Directors.