Explanatory note

These Regulations amend the National Health Service Trusts (Membership and Procedure) Regulations 1990 (“the 1990 Regulations”) relating to the disqualification for appointment of a chairman and non-executive director. In particular, these Regulations remove restrictions so as to allow a person:

• to be a chair or non-executive director of an NHS trust if that person is already a chair or non-executive director of another NHS trust or NHS foundation trust;

• to be a non-executive director of an NHS trust if that person is an executive director or an employee of an NHS trust or is a director or employee of an NHS foundation trust; and

• to be a non-executive director of an NHS trust if that person is performing or providing primary medical, dental or ophthalmic services under the National Health Service Act 2006 (“the 2006 Act”) or is a partner, shareholder, director or employee of an organisation providing those services.

In addition, these Regulations re-enact, with an updated statutory reference, the provision in the 1990 Regulations, which allows a person who is an employee of a health service body to be a non-executive director of an NHS trust where the trust has a significant teaching commitment. The reference to the National Health Service and Community Care Act 1990 has been updated to refer to the 2006 Act.

An overall impact assessment has been prepared and this is attached to the Explanatory Memorandum.