Non-Executive Director Eligibility
It is a requirement of the Trust Constitution that all individuals applying for appointment as a Non-Executive Director must meet the eligibility criteria to be a member of the foundation trust.
Part of the legal qualification for serving as a Non-Executive Director is that you are a formal member of the Foundation Trust. Inclusion on our membership register is a requirement prior to assuming office. You can apply to be a member on the ESNEFT website.
The following paragraphs identify the circumstances where an individual would not be eligible for appointment as a member of the Board of Directors. These are quoted directly from the Trust’s Constitution.
A person may not become or continue as a Director of the Foundation Trust if:
- They have been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged
- They have made a composition or arrangement with, or granted a trust deed for, their creditors and has not been discharged in respect of it
- They have within the preceding five (5) years has been convicted in the British Isles of any offence if a sentence of imprisonment (whether suspended or not) for a period of not less than three (3) months (without the option of a fine) was imposed on them
Checks with the Disclosure and Barring Scheme (DBS)
Non-Executive Directors may occasionally have access to children and vulnerable adults through their work for the trust. To safeguard service users by identifying unsuitable candidates, all appointments will be dependent upon satisfactory completion of a disclosure through the DBS.
Checks will be carried out by the Trust after the appointment offer and before the individual takes up their full duties. You will be required to register for the DBS annual update service thereafter to support the annual Fit and Proper Person reviews.
Diversity and monitoring
The Trust recognises that everyone is different, valuing the unique contribution that individual experience, knowledge and skill can make in the delivering the goals and objectives of the organisation. Monitoring is undertaken of the workforce and of applicants and in order to ensure its effectiveness, we ask that you complete and return the monitoring form enclosed with your application form. Please note that this form will not be seen by any members of the interviewing panel.
Data protection
The Non-Executive Director must at all times respect the confidentiality of information in line with the requirements of the General Data Protection Regulations. This includes, if required to do so, obtaining, processing and/or using information held on a computer in a fair and lawful way, holding data only for the specified registered purposes and using or disclosing data only to authorised persons or organisations as instructed.
Policies and procedures
The Non-Executive Director will be expected to comply with all statutory legislation and the Trust’s governance policies and procedures, such as the ESNEFT Constitution, Matters Reserved for the Board, Scheme of Delegation, Standing Financial Instructions and Health and Safety Policy. The Non-Executive Director is also expected to be aware of the trust’s Risk Management Strategy, which includes the responsibilities placed on them by the Health & Safety at Work Act (1974, and the governance framework. Non-Executive Directors are expected to comply with all policies and procedures.
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