Eligibility to become a Non-Executive Director

A person may be appointed as Non-Executive Director only if they are a member of the Public Constituency.

The Public Constituency is comprised of the following areas:

  • the area of Barnsley Metropolitan Borough as determined by the electoral wards of the Local Authority of Barnsley
  • Constituency O covering the area of England and Wales excluding the given areas mentioned above.

Members of the Trust who are members of the public constituencies listed above are to be individuals:

  • who live in the Area of the Trust;
  • who are not eligible to become a member of the staff constituency and are not Members of any other constituency or otherwise disqualified for membership
  • who have each made an application for membership to the Trust.

The minimum number of Members required in each area of the public constituency is specified in Annex 1 of the Constitution.

Criteria for Disqualification

  • A person may not be a member of the Trust or continue to be a member of the Trust if at the time of their application for membership of the Trust or at any time during the duration of their membership they do not meet the criteria for membership set out in paragraphs 7.2 or 7.3 of the Constitution.
  • It is the responsibility of the Member to ensure their eligibility and not the Trust, but where the Trust is on notice that a Member may be disqualified from membership, they shall carry out all reasonable enquiries to establish if this is the case.
  • A person may not become a Member of the Trust if at the time of their application for membership of the Trust they have not attained the age of 14.

The Fit and Proper Persons Requirement

Candidates will need to demonstrate that they meet the requirements for the ‘fit and proper person’ test. The criteria are that a director must:

  • Be of good character
  • Have the qualifications, skills and experience necessary for the relevant position
  • Be capable of undertaking the relevant position, after any reasonable adjustments under the Equality Act 2010
  • Not have been responsible for any misconduct or mismanagement in the course of any employment with a CQC registered provider
  • Not be prohibited from holding the relevant position under any other law. e.g. under the Companies Act or the Charities Act

A director will be deemed unfit if they:

  • Have been sentenced to imprisonment for three months or more within the last five years, although CQC could remove this bar on application
  • Are an undischarged bankrupt
  • Are the subject of a bankruptcy order or an interim bankruptcy order
  • Have an undischarged arrangement with creditors
  • Are included on any barring list preventing them from working with children or vulnerable adults.

A director will fail the ‘good character’ test, if they:

  • Have been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom, would constitute an offence
  • Have been erased, removed or struck-off a register of professionals maintained by a regulator of health care or social.