PART 4

NHS foundation trusts & NHS trusts

Foundation trust status

Panel for advising governors
162
After section 39 of the National Health Service Act 2006 insert—

Panel for advising governors
39A
1
The regulator may appoint a panel of persons to which a governor of an NHS foundation trust may refer a question as to whether the trust has failed or is failing—
a
to act in accordance with its constitution, or
b
to act in accordance with provision made by or under this Chapter.
2
A governor may refer a question to the panel only if more than half of the members of the council of governors voting approve the referral.
3
The panel—
a
may regulate its own procedure, and
b
may establish such procedures, and make such other arrangements, as it considers appropriate for the purpose of determining questions referred to it under this section.
4
The panel may decide whether, or to what extent, to carry out an investigation on a question referred to it under this section.
5
The panel may for that purpose, or for the purpose of carrying out such an investigation, request information or advice.
6
Where the panel has carried out such an investigation, it must publish a report of its determination of the question referred to it.
7
If a person refuses to comply with a request made under subsection (5), the report under subsection (6) may refer to the refusal.
8
On any proceedings before a court or tribunal relating to a question referred to the panel under this section, the court may take the panel's report of its determination of the question into account.
9
The regulator—
a
must pay expenses properly incurred by the panel, and
b
must make administrative support available to the panel.
10
Regulations may make provision as to—
a
eligibility for membership of the panel;
b
the number of persons that may be appointed as members;
c
the terms of appointment of members;
d
circumstances in which a person ceases to be a member or may be suspended.
S. 162 partly in force; s. 162 in force for specified purposes at Royal Assent, see s. 306(1)(d)
S. 162 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)