HC Deb 08 July 2003 vol 408 cc994-5

Amendments made: No. 253, in page 99, line 16, at end insert—

'() The area specified under subparagraph (1)(a) must be an electoral area for the purposes of local government elections in England or an area consisting of two or more such electoral areas.'. No. 254, in page 99, line 20, leave out subparagraphs (3) and (4) and insert—

'(3) The constitution may also provide for the staff constituency to comprise individuals who exercise functions for the purposes of the corporation otherwise than under a contract of employment with the corporation.

(4) A person may become or continue as a member of the staff constituency only if—

  1. (a) he is employed by the corporation under a contract of employment which has no fixed term or has a fixed term of at least 12 months, or
  2. (b) he has been continuously employed by the corporation for at least 12 months or, where subparagraph (3) applies, he has continuously exercised functions for the purposes of the corporation for such a period.

(5) A person eligible for membership of the staff constituency may not become or continue as a member of the public constituency.

(6) Chapter 1 of Part 14 of the Employment Rights Act 1996 (c.18) applies for the purpose of determining whether an individual has been continuously employed by the corporation, or has continuously exercised functions for the purposes of the corporation, as it applies for the purposes of that Act.'.

No. 255, in page 99, line 26, leave out 'be' and insert 'become'.

No. 256, in page 99, line 28, leave out subparagraph (2).

No. 257, in page 99, line 36, leave out 'be' and insert 'become or continue as'.

No. 258, in page 100, line 3, leave out subparagraph (2) and insert—

'(2) Only members of the corporation and persons appointed under the following provisions may become or continue as members of the board.'. No. 259, in page 100, line 11, leave out 'postal' and insert 'secret'.

No. 260, in page 100, line 11, at end insert—

'6A (1) The following may not become or continue as members of the board of governors—

  1. (a) a person who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged,
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  3. (b) 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,
  4. (c) 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.

(2) The constitution may make further provision as to the circumstances in which a person may not become or continue as a member of the board.'.

No. 354, in page 100, line 16, at end insert—

'() At least one member of the board is to be appointed by one or more qualifying local authorities. A qualifying local authority is a local authority for an area which includes the whole or part of the area specified under paragraph 3(1)(a).'. No. 261, in page 100, line 19, at end insert—

'(5) An organisation specified in the constitution as a partnership organisation may appoint a member of the board.'. No. 262, in page 101, line 7, leave out subparagraph (2) and insert—

'(2) A person may not be appointed as an executive director if he is within paragraph 6A(1).

(3) A person may be appointed as a non-executive director only if—

  1. (a) he is a member of the public constituency, or
  2. (b) where any of the corporation's hospitals includes a medical or dental school provided by a university, he exercises functions for the purposes of that university,
and he is not within paragraph 6A(1).'.

No. 263, in page 101, line 9, at end insert 'chairman and the other'.

No. 242, in page 101, line 28, at end insert—

'(d) a register of interests of the directors.'. No. 243, in page 101, line 30, at end insert—

'17A The constitution is to make provision for dealing with conflicts of interest of the directors.'. No. 244, in page 101, line 36, leave out paragraph (c) and insert—

'(c) the registers mentioned in paragraph 17,'. No. 234, in page 103, line 7, leave out 'any' and insert—

  1. (a) information on any steps taken by the corporation to secure that (taken as a whole) the actual membership of its public constituency is representative of those eligible for such membership,
  2. (b) any other'.…[Mr. Hutton.]

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