You must be eligible to be a member of the Foundation Trust, which requires that you reside in England or Wales

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:

  • Merseyside
  • Cheshire
  • Wider North West
  • Rest of England
  • North Wales

Criteria for Disqualification

The Trust’s constitution places a number of restrictions on an individual’s ability to become or continue as a director. A person may not become or continue as a director of the Trust if:

  • a person who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged;
  • a person in relation to whom a moratorium period under a debt relief order applies under Part 7A Insolvency Act 1986;
  • 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;
  • 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/her;
  • Further provisions as to the circumstances in which an individual may not become or continue as a director of the trust are set out in Annex 6 of Trust’s Constitution.

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.