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Derbyshire Healthcare NHS Foundation Trust — Constitution

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Derbyshire Healthcare NHS Foundation Trust — Constitution ________________________________________________ CONSTITUTION OF DERBYSHIRE HEALTHCARE NHS FOUNDATION TRUST _________________________________________________ V7 – 6 April 2021 Table of contents Clause heading and number Page number 1. Name ........................................................................................................................................ 4 2. Principal purpose.................................................................................................................................. 4 3. Powers .................................................................................................................................. 4 4. Membership and constituencies ................................................................................................ 4 5. Application for Membership ................................................................................................. 4 6. Public Constituency ..................................................................................................................... 4 7. Staff Constituency ........................................................................................................................ 5 8. Automatic Membership by default and application for Membership – staff ......................... 5 9. Restriction on Membership ......................................................................................................... 6 10. Council of Governors – composition .................................................................................... 6 11. Council of Governors – election of Governors .................................................................... 6 12. Council of Governors – tenure ............................................................................................... 6 13. Council of Governors – disqualification and removal ......................................................... 7 14. Council of Governors – meetings of Governors .............................................................. 7 15. Council of Governors – standing orders ......................................................................... 7 16. Council of Governors – conflicts of interest of Governors ................................................. 8 17. Council of Governors – travel expenses .............................................................................. 8 18. Council of Governors – further provisions ........................................................................... 8 19. Board of Directors – composition .......................................................................................... 8 20. Board of Directors – qualification for appointment as a Non-Executive ........................... 9 21. Board of Directors – appointment and removal of Chair and other .................................. 9 22. Board of Directors – appointment of initial Chair and initial other .................................... 9 23. Board of Directors – appointment of Deputy Chair ......................................................... 9 24. Board of Directors – appointment and removal of the Chief Executive ............................ 9 25. Board of Directors – appointment and removal of initial Chief ......................................... 9 26. Board of Directors – disqualification ................................................................................ 9 27. Board of Directors – standing orders ............................................................................. 10 28. Board of Directors – conflicts of interest of directors .................................................... 10 29. Board of Directors – remuneration and terms of office .................................................... 11 30. Registers ............................................................................................................................11 31. Registers – inspection and copies ....................................................................................... 11 32. Documents available for public inspection ........................................................................ 12 33. Auditor..................................................................................................................................... 13 34. Audit committee .............................................................................................................. 13 35. Accounts ................................................................................................................................. 13 36. Annual report and forward plans and non-NHS work ........................................................ 13 37. Presentation of the annual accounts and reports to the governors and members ....... 14 38. Instruments ............................................................................................................................. 14 39. Amendment of the Constitution ........................................................................................... 14 40. Interpretation and definitions ............................................................................................... 15 ANNEX 1 ............................................................................................................................................... 19 The Public Constituency ..............................................................................................................19 ANNEX 2 ............................................................................................................................................... 22 The Staff Constituency .................................................................................................................22 ANNEX 3 ............................................................................................................................................... 24 Composition of the Council of Governors .....................................................................................24 ANNEX 4….. The Model Election Rules (2014) .................................................................................... 26 ANNEX 5 ............................................................................................................................................... 71 Additional Provisions - Council of Governors ................................................................................... 71 ANNEX 6 ............................................................................................................................................... 78 Standing Orders for the Practice and Procedure of the Council of Governors ................................ 78 ANNEX 7 ............................................................................................................................................... 89 Not used ............................................................................................................................................ 89 ANNEX 8 ............................................................................................................................................... 90 Further Provisions ............................................................................................................................. 90 1. Eligibility for Membership ......................................................................................................... 90 2 2. Application for Membership ............................................................................................... 91 3. Members Meetings .............................................................................................................. 92 4. Board of Directors: Disqualification ........................................................................................ 94 5. Governors and Directors: Communication and Conflict ....................................................... 94 3 Derbyshire Healthcare NHS Foundation Trust DERBYSHIRE HEALTHCARE NHS FOUNDATION TRUST CONSTITUTION 1. Name The name of the foundation Trust is Derbyshire Healthcare NHS Foundation Trust (the “Trust”). 2. Principal purpose 2.1 The principal purpose of the Trust is the provision of goods and services for the purposes of the health service in England. 2.2 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. 2.3 The Trust may provide goods and services for any purposes related to: 2.3.1 the provision of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; and 2.3.2 the promotion and protection of public health. 2.4 The Trust may also carry on activities other than those mentioned in paragraph 2.3 above for the purpose of making additional income available in order better to carry on its principal purpose. 3. Powers 3.1 The powers of the Trust are set out in the 2006 Act, subject to any restrictions in its Licence. 3.2 The powers of the Trust shall be exercised by the Board of Directors on behalf of the Trust. 3.3 Subject to the provisions of the Mental Health Act 2007, any of these powers may be delegated to a committee of Directors or to an Executive Director. 3.4 For the avoidance of doubt, the Trust shall, in performing its NHS functions
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