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Constitution Version 28: November 2020 Page 1 of 118 TABLE OF CONTENTS 1 Definitions 4 2 Name 7 3 Principal purpose 7 4 Other Purposes 7 5 Powers 7 6 Framework 7 6.2 Members 7 6.3 Council of Governors 8 6.4 Board of Directors 8 6.5 General provision 8 7 Membership 8 7.7 Public constituency 9 7.8 Staff constituency 10 7.9 Restriction on membership 10 7.10 Termination of membership 11 7.11 Voting at Governor elections 11 8 Council of Governors 11 8.4 Public Governors 12 8.5 Staff Governors 12 8.6 Partner Governors 13 8.7 CCG Governors 13 8.8 Local Authority Governors 13 8.9 Education Governors 14 8.10 Voluntary Sector Governors 14 8.11 Election of Governors 14 8.12 Disqualification from being a Governor 15 8.13 Eligibility, termination of office and removal of Governors 15 8.14 Vacancies 16 8.15 Duties, roles and responsibilities of the Council of Governors 17 8.16 Standing orders 18 9 Board of Directors 19 9.3 Vacancies for the Chair and Non-Executive Directors 19 9.4 Executive Directors’ terms of office 20 9.5 Disqualification from being a Director 20 9.6 Duties, roles and responsibilities of the Board of Directors 21 Page 2 of 118 10 Meetings 22 10.1 Meetings of the Council of Governors 22 10.2 Meetings of the Board of Directors 23 10.3 Annual Members’ Meeting 23 10.4 Committees and sub-committees 24 10.5 Remuneration and expenses 24 11 Declarations of interests 24 12 Registers 27 12.3 Register of Members 27 12.4 Register of members of the Council of Governors 27 12.5 Register of interests of the Members of the Council of 28 Governors 12.6 Register of the Members of the Board of Directors 28 12.7 Register of interests of the Members of the Board of Directors 28 13 Public documents 28 14 Auditor 29 15 Audit and Risk Committee 29 16 Accounts 29 17 Annual report, forward plans and non-NHS work 30 18 Indemnity 31 19 Instruments etc. 32 20 Communication between the Council of Governors and the Board 32 of Directors 20 Amendment of the Constitution 32 21 Merger, acquisition, separation or dissolution of the Trust 33 22 Significant transactions 33 Annex 1 Area and Public Constituencies of the Trust Annex 2 The Staff Constituency Annex 3 Local authorities authorised for the purposes of appointing Local Authority Governors Annex 4 Annual Members Meeting Annex 5 Model Election Rules Annex 6 Standing orders for the practice and procedure of the Council of Governors Annex 7 Standing orders for the practice and procedure of the Board of Directors Page 3 of 118 1 Definitions: 1.1 In this Constitution " the 2006 Act" means the National Health Service Act 2006 and other Acts that may be introduced from time to time. "the 2012 Act" means the Health and Social Care Act 2012. “Accounting Officer” means the person who from time to time discharges the function specified in section 25(5) of schedule 7 to the 2006 Act. “Annual Accounts” refers to the annual financial accounts and annual quality accounts of the Trust. “Area (of the Trust)” means the area consisting of all the areas specified in Annex 1 as an area for a Public Constituency. “Board of Directors” means the Board of Directors of the Trust as constituted in accordance with the terms of this Constitution. "CCG Governor" means a Member of the Council of Governors appointed by one or more clinical commissioning groups whose area includes the whole or part of the Area of the Trust. “Chair” means the Chair of the Board of Directors and the Council of Governors. “Chief Executive” means the Chief Executive Officer of the Trust appointed in accordance with the terms of this Constitution. “Class” means a Class of membership within the Staff Constituencies as set out in section 4(3) of schedule 7 to the 2006 Act. “Code of Conduct” means any code of conduct published by The Trust and amended from time to time to govern or guide the conduct of Governors, Directors or Officers of the Trust. “Constitution” means this Constitution and all annexes to it. “Council of Governors” means the Council of Governors as constituted in accordance with this Constitution. “Deputy Chair” means a. in relation to the Council of Governors – a Public Governor appointed as a Deputy Chair by the Council of Governors who will preside over a meeting of the Council of Governors when the Chair is absent from the meeting or when the Chair declares a conflict of interest which precludes them from presiding as Chair at the meeting; b. in relation to the Board of Directors – a Non-Executive Director appointed as Deputy Chair by agreement with the Council of Governors who will preside over a meeting of the Board of Directors when the Chair is absent or when the Chair declares a conflict of Page 4 of 118 interest which precludes them from presiding as Chair at that meeting. “Director” means a Member of the Board of Directors. “Education Governor” means a Member of the Council of Governors appointed by the Universities of Sheffield and Derby as partnership organisations because they do not fall within section 9(6) of schedule 7 to the 2006 Act. “Election” means an election by a Constituency, or by a Class within a Constituency, to fill a vacancy among one or more posts on the Council of Governors. “Executive Director” means an Executive Director of the Board of Directors including the Chief Executive where the context so permits. “Financial Year” means each successive period of twelve months beginning with 1 April. “Governor” means a Member of the Trust elected or appointed as a Member of the Council of Governors, according to the arrangements applicable to that Class of membership of the Council. “Health Service Body” means a body referred to in section 65(1) of chapter 5 part 2 of the 2006 Act. "License" means the Trust's Provider license granted by NHS I/E under the 2012 Act. “Local Authority Governor” means a Member of the Council of Governors appointed by one or more local authorities whose area includes the whole or part of the Area of the Trust. "Member" means a Member of the Trust. "NHS I/E" means the body corporate known as NHS Improvement/England, as provided by Section 61 of the 2012 Act. “Non-Executive Director” means a Non-Executive Director of the Board of Directors including the Chair where the context so permits. “DVA” means the co-ordinating body for voluntary organisations serving Derbyshire. “Partnership Governor” means a Member of the Council of Governors appointed by partnership organisations, i.e. the Universities of Sheffield and Derby, NHS North Derbyshire Commissioning Group, NHS Hardwick Clinical Commissioning Group, local authorities and the voluntary sector. “Public Constituency” means those constituencies referred to in Annex 1 and “Public Constituency” shall mean each of those Constituencies singly and all of them collectively. “Public Governor” means a Member of the Council of Governors elected by the Members of the Public Constituency. Safeguarding Registers means the registers maintained for the purposes of section 1of the Protection of Children Act 1999, part 7 of the Care Standards Act 2000 and part II of the Sexual Offences Act 2003, and the List maintained under part 8 of the Education Act 2002; or the successive arrangements to the Page 5 of 118 foregoing to be made pursuant to the Safeguarding of Vulnerable Groups Act 2006. "Secretary" means the Foundation Trust Secretary or any other person appointed to perform the duties of secretary to the Trust, including a joint, assistant or deputy secretary, hereinafter to be referred to as the Secretary. “Senior Independent means the independent Non-Executive Director who is available to Director” (SID) Directors and Governors if they have concerns which contact with the Chair has failed to resolve or for which such contact is inappropriate; and who may also be the Deputy Chair of the Board of Directors. “Staff Constituency” means that part of the Trust’s membership consisting of the staff of the Trust and which is divided into the Classes as provided for in this Constitution. “Staff Governor” means a Member of the Council of Governors elected by the Members of the relevant Class within the Staff Constituency in accordance with the provisions of this Constitution. “Trust” means Chesterfield Royal Hospital NHS Foundation Trust. “Voluntary Sector means a Member of the Council of Governors appointed by the voluntary Governor” sector. 1.2 Unless the contrary intention appears or the context otherwise requires, words or expressions contained in this Constitution bear the same meaning as in the 2006 Act. 1.3 References in this Constitution to legislation include all amendments, replacements, or re- enactments made, and all regulations, statutory guidance or directions. 1.4 Headings are for ease of reference only and are not to affect interpretation. 1.5 Words importing the masculine gender shall include the feminine gender and words importing the singular shall include the plural and vice-versa. 1.6 References in this Constitution to paragraphs are to paragraphs in this Constitution. Page 6 of 118 2 Name 2.1 The name of this Trust is to be “Chesterfield Royal Hospital NHS Foundation Trust”. 3 Principal purpose 3.1 The Trust’s principal purpose is the provision of goods and services for the purposes of the health service in England. 3.2 The Trust does not fulfil its principal purpose unless, in each Financial Year, its total income from the provision of goods and services for the purposes of the health service in England is greater than its total income from the provision of goods and services for any other purposes.
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