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					Mandatory
Appendices
                              List of Appendices

Appendix 1 – Mandatory submissions
      Appendix 1.1 – Finance model
      Appendix 1.2 – Governance rationale
      Appendix 1.3 – Constitution
      Appendix 1.4 – Public consultation response and evidence
      Appendix 1.5 – Membership strategy
                                                                               Appendix 1.1
                          Blackpool, Fylde and Wyre Hospitals NHS Trust
                            Service planning and financial assumptions

                                               2007/08    2008/09   2009/10    2010/11    2011/12
Growth assumptions
Elective                                           1.5%      1.5%      1.5%        1.5%        1.5%
Non-elective                                       0.1%      -10%        0%          0%          0%
Outpatients                                        1.3%      0.5%        0%          0%          0%
A&E                                                3.3%      -11%        0%          0%          0%
Other growth                                         0%        0%        0%          0%          0%

Business developments included in the 5 year plan:
Cardiac
Income change (£000s)                          3,565       5,901     5,901       5,901      5,901
Expenditure change (£000s)                    (3,117)     (4,826)   (4,826)     (4,826)    (4,826)
Net financial impact (£000s)                    448        1.075     1.075       1.075      1.075
Whole time equivalent (WTE) change               21          28        28          28         28

Tertiary
Income change (£000s)                            2,108     2,972      2,972      2,972      2,972
Expenditure change (£000s)                      (2,108)   (2,972)    (2,972)    (2,972)    (2,972)
Net financial impact (£000s)                        0         0          0         0           0
Whole time equivalent (WTE) change                 43        43         43         43         43

Urgent care centre
Income change (£000s)                              0      (1,793)    (1,793)    (1,793)    (1,793)
Expenditure change (£000s)                         0       1,793      1,793      1,793      1,793
Net financial impact (£000s)                       0         0          0          0          0
Whole time equivalent (WTE) change                 0         0          0          0          0

Income inflation
Payment by results (PbR) income inflation        2.5%      2.4%      2.4%        2.4%         2.4%
Non PbR income inflation                         2.5%      2.4%      2.4%        2.4%         2.4%
Non NHS clinical income inflation                2.0%      2.0%      2.0%        2.0%         2.0%
Education& training and research &
                                                 2.0%      2.0%      2.0%        2.0%         2.0%
development income inflation
Other non patient related income inflation       2.0%      2.0%      2.0%        2.0%         2.0%

Average inflation (all income)                   2.4%      2.4%      2.4%        2.4%         2.4%

PbR tariff loss                                    0         0            0        0           0
PbR transitional relief                          £2.9m       0            0        0           0
                                                                                Appendix 1.1


                                                 2007/08    2008/09   2009/10   2010/11   2011/12
Pay awards
Consultants                                       2.5%       2.5%      2.5%       2.5%         2.5%
Other medical staff                               2.5%       2.5%      2.5%       2.5%         2.5%
All other staff                                   2.5%       2.5%      2.5%       2.5%         2.5%

Non pay inflation
Drug costs                                        2.7%       2.5%      2.5%       2.5%         2.5%
Other costs                                       2.7%       2.5%      2.5%       2.5%         2.5%

Total cost pressure increases                     2.6%       2.6%      2.6%       2.7%         2.7%

Liquidity

Assumes no EFL/CRL in the future

Capital expenditure                               £6.0m      £6.0m     £6.0m      £6.0m        £6.0m

PDC capital received                               0.0        0.0       0.0        0.0          0.0

Payment of PDC dividend                          (£17.6m)     0.0        0.0       0.0          0.0

Funding received from Department of Health for
                                                  £17.6        0.0       0.0       0.0          0.0
Impairment incurred in 2006/07

NHS debtor days                                    46.4       18.3      22.8       31.1        42.3


Working capital facility                         £16.6m     £16.6m    £16.6m     £16.6m    £16.6m

Prepayments and accrued income (expressed
as a % of clinical supplies expenditure)           0.0%       0.0%      0.0%      0.0%         0.0%



Other creditors                                    0.0        0.0        0.0       0.0          0.0

Trade creditors days                                38         36        34        32           32

Capital creditor as a proportion of capital
                                                   54%        54%       54%       54%          54%
expenditure

Accruals as a proportion of non pay
                                                   6%         6%        6%         6%           6%
expenditure
                                                                                                    minimum?
                                                                                                                                                                                                      y the Trust?
                                                                                                                                                                                                                                                                     ic constituency
                                                                                                                                                                                                                                                                                                          Appendix 1.2




                                                                                                                                                             aintain and grow the membership?
                                                                                                                                                                                                      y and be representative of the




                                                                                                    membership that are to apply over
                                                                                                                                                                                                      will reflect the full diversity of the
                                                            GOVERNANCE RATIONALE

                                                                                                                                                                                                                                                                                                   Details
Issue                                                   Details                                                                                                                                   Rationale
MEMBERSHIP
Public Membership
Definition of the public constituency                   The Public Constituency will include all persons living                                                                                   93% of our patients live within the boundaries of
                                                        within the geographical boundaries of Blackpool, Fylde                                                                                    Blackpool, Fylde and Wyre.
                                                        and Wyre and those treated by our tertiary services
                                                        from the wider environs of Cumbria and Lancashire. A                                                                                      We wish to engage young people in promoting better
                                                        lower age limit of 16 years will apply.                                                                                                   health and as potential future employees.
How membership will reflect the full diversity of the   Public membership will reflect the geographical wards                                                                                     The Trust does not serve a significant minority
potential community and be representative of the        within the community, reflecting socio-economic age                                                                                       representation in any distinct groups ie ethnicity. It




                                                                               Trust’s Communications Strategy.



                                                                               detailed in the Trust’s Constitution.
community served by the Trust?                          and ethnicity. Work is already underway to refine this to                                                                                 does, however, have a wide variation of socio-economic
                                                                                                                                                                                                lower age limit of 16 years will apply.




                                                        enable future membership recruitment.                                                                                                     groups, health deprivation and a large elderly population
                                                                                                                                                                                                enable future membership recruitment.

                                                                                                                                                                                                  in certain wards.
Plants to develop, maintain and grow the membership?    A Membership Strategy has been developed and views                                                                                        The Trust already has good links with the local
                                                        sought from the public ,staff and stakeholders during                                                                                     community and intends to build upon this, utilising a
                                                        Consultation. Specific actions will include (but are not                                                                                  robust Communications Strategy. We recognise that
                                                        limited to) regular meetings of the public membership,                                                                                    communication with members needs to be appropriate,
                                                                                                                                                                                                                                                                                                               GOVERNANCE RATIONALE




                                                        utlisation of the local media, recruitment campaigns,                                                                                     timely and user friendly to sustain a meaningful
                                                        development of user friendly membership materials, on-                                                                                    relationship between the Trust and its Membership.
                                                                                                                                                                                                within the geographical boundaries of Blackpool, Fylde




                                                                               exclusions apply, provided the individual is not
                                                                               Consultation. Specific actions will include (but are not
                                                                               A Membership Strategy has been developed and views
                                                                                                                                                                                                and ethnicity. Work is already underway to refine this to
                                                                                                                                                                                                Public membership will reflect the geographical wards




                                                                               ambassadors for the Trust and promote the benefits of
                                                                                                                                                                                                and Wyre and those treated by our tertiary services



                                                                                                                                                                                                within the community, reflecting socio-economic age
                                                                                                                                                                                                from the wider environs of Cumbria and Lancashire. A




                                                                               going development of the Trust’s website. Existing




                                                                               Save for a lower age limit of 16 years, no other
                                                                               utlisation of the local media, recruitment campaigns,




                                                                               membership. All of these activities will be linked to the
                                                                               Governors and Members will be encouraged to act as
                                                                               limited to) regular meetings of the public membership,
                                                                                                                                                                                                The Public Constituency will include all persons living




                                                                               otherwise ineligible or disqualified from membership as
                                                                               development of user friendly membership materials, on-
                                                                               sought from the public ,staff and stakeholders during




                                                        going development of the Trust’s website. Existing
                                                        Governors and Members will be encouraged to act as
                                                        ambassadors for the Trust and promote the benefits of




                                                                     Trust.
                                                        membership. All of these activities will be linked to the
                                                                                                                                                                                                                                                                                                   Rationale




                                                        Trust’s Communications Strategy.
Any exclusions to membership that are to apply over     Save for a lower age limit of 16 years, no other                                                                                          Exclusions have been kept to the minimum as the Trust
and above the legal minimum?                            exclusions apply, provided the individual is not                                                                                          believes that members of the public, irrespective of
                                                                                                                                        in certain wards.




                                                        otherwise ineligible or disqualified from membership as                                                                                   circumstance, are eligible for NHS treatment and should
                                                        detailed in the Trust’s Constitution.                                                                                                     therefore be eligible for membership of the Foundation
                                                                                                                                                                                                  Trust.
                                                                                                                                                                                                                                               Blackpool, Fylde and Wyre.


                                                                                                                                        health and as potential future employees.
                                                                                                                                                                                                                                                                                                                                      Appendix 1.2




                                                                                                                                        relationship between the Trust and its Membership.




                                                                     circumstance, are eligible for NHS treatment and should
                                                                                                                                        does, however, have a wide variation of socio-economic




                                                                                                                                        communication with members needs to be appropriate,
                                                                                                                                        We wish to engage young people in promoting better




                                                                     therefore be eligible for membership of the Foundation
                                                                     Exclusions have been kept to the minimum as the Trust
                                                                                                                                        The Trust does not serve a significant minority


                                                                                                                                        groups, health deprivation and a large elderly population




                                                                                                                                        timely and user friendly to sustain a meaningful
                                                                                                                                        robust Communications Strategy. We recognise that
                                                                                                                                        The Trust already has good links with the local




                                                                     believes that members of the public, irrespective of
                                                                                                                                        representation in any distinct groups ie ethnicity. It
                                                                                                                                                                                                                                               93% of our patients live within the boundaries of




                                                                                                                                        community and intends to build upon this, utilising a
                                                                                                                                                    Appendix 1.2




Issue                                                         Details                                                   Rationale
Expected minimum number of members in the public              We plan to achieve a minimum public membership of         We wish to develop an active membership who
constituency?                                                 circa 8000 by the end of three years.                     engages with the Trust in a meaningful way.
                                                                                                                        Membership recruitment will be a dynamic process and
                                                                                                                        will be balanced according to the population we serve
                                                                                                                        and be cognisant of age, gender and ethnicity.

Patient Membership
Will there be a patient or service user constituency?         No – this will be included in the Public Constituency,    93% of our patients come from the Boroughs of
                                                              which is open to all residents (aged 16 and over) who     Blackpool, Fylde and Wyre.
                                                              live within the geographical boundaries of Blackpool,
                                                              Fylde and Wyre or who have been treated by our            Only 7% come from outside those geographical
                                                              services from the wider environs of Cumbria and           boundaries.
                                                              Lancashire.
If there is a patient or service user constituency, will it   Carers will be included in the Public Constituency.       See above.
include carers?

If there is a patient or service user constituency, what      Not applicable. There will be no sub-division of the
are your plans for sub-division of the constituency?          Public Constituency.




If there is a patient or service user constituency, what      All new patients will be invited to become Public         To promote recruitment to the membership base.
are your plans to develop, maintain and grow the              Constituency members, it is proposed that:
membership, what are the timescales and milestones                Membership material will be available in patient
for growth?                                                       areas.
                                                                  Membership information will be provided with
                                                                  Patient Information material and appointment
                                                                  letters.
                                                                  Membership information will be provided on ‘Patient
                                                                  Line’, the Trust’s bedside information system.
                                                              As stated previously, the Trust aims to recruit 8000
                                                              public members within the first three years.
If there is a patient or service user constituency, are       Not applicable.
there any exclusions to membership that are to apply
over any above the legal minimum?
                                                                                                                                                     Appendix 1.2




Issue                                                         Details                                                  Rationale
If there is a patient or service user constituency, what is   Not applicable.
the expected minimum number of members in the public
constituency?

Are there any plans to recruit patient or service user        Not applicable.
members on an opt-out basis?

If you plan to use an opt-out system how will you             Not applicable.
communicate with patients and service users to ensure
they are adequately informed?

Staff constituency
Definition of the staff constituency.                         By an ‘Opt Out’ system.                                  Our aim is to ensure that Staff Membership is as
                                                              All staff are eligible to become Members, unless they    inclusive as possible, encompassing all individuals
                                                              choose not to via an ‘opt out’ system if:                whose work is for the benefit of our patients.
                                                                   They are employed by the Foundation Trust under a
                                                                   Contract of Employment which has no fixed term or
                                                                   has a fixed term of at least 12 months or
                                                                   They have been continuously employed by the         As part of our inclusive approach, we wish to include
                                                                   Foundation Trust under a Contract of Employment     bank and contracted out staff who have worked for the
                                                                   for at least 12 months.                             Trust for 12 months or longer.
                                                              Individuals who exercise functions for the Foundation
                                                              Trust, otherwise than under a Contract of Employment
                                                              with the Foundation Trust may become Members,
                                                              provided they have exercised these functions
                                                              continuously for a period of 12 months. This does not
                                                              include volunteers who may become Public Members.
Plans for sub-division of the constituency.                   The Staff Constituency will comprise the following       The Trust believes that this composition will:
                                                              classes:                                                    Prove representative of the diversity of our staff.
                                                                   Medical/Dental (1)                                     Reinforce the importance of staff contribution to the
                                                                   Nursing and Midwifery (2)                              success of the Foundation Trust.
                                                                   Clinical Support staff (1)
                                                                   Non-clinical staff (1)
                                                                                                                                                          Appendix 1.2




Issue                                                        Details                                                      Rationale
Plans to develop, maintain and grow the membership,          As with the Public Membership, the Trust believes that       To promote ownership of the Foundation Trust by its
what are the timescales and milestones for growth?           good communication is vital for maintaining an growing       employees.
                                                             Membership. This is just as relevant to our Staff
                                                             Constituency. Plans include the following:
                                                                  Publicising the Membership Scheme in all
                                                                  recruitment material and processes.
                                                                  Utilising existing internal communications systems.
                                                                  Utilising the ‘Blackpool Way’ to promote deeper
                                                                  employee engagement, including Membership of
                                                                  the Foundation Trust.
                                                             The Trust employs over 4000 staff, to date, less than 20
                                                             have chosen to opt out.
How membership will reflect the diversity of local staff     All staff have been given the opportunity to become          Fair representation for all staff groups.
                                                             Members. Staff will be directed to a particular staff
                                                             group with the opportunity to participate in the elections
                                                             for Staff Governors.

Expected minimum number of members in the staff              Medical                          = 100                       Very few staff have chosen to ‘opt out’ of the
constituency                                                 Nursing and Midwifery            = 1500                      Membership scheme to date.
                                                             Clinical Support                 = 300
                                                             Non-clinical                     = 1000                      The minimum numbers specified within each group
                                                                                                                          reflects proportionate Membership.
Are there any plans to recruit staff members on an opt-      Yes – please see above.
out basis, how will you communicate with staff to ensure
they are adequately informed?


Disqualification for Membership
Any exclusions that are to be applied for disqualification       Minimum age limit of 16 years.                           To protect Trust staff.
of membership?                                                   Within the last 5 years a person has been involved
                                                                 as a perpetrator in a serious incident of violence at
                                                                 any of the Foundation Trust’s hospitals or facilities
                                                                 or against any of the Foundation Trust’s employees
                                                                 or volunteers.
                                                                                                                                                     Appendix 1.2




Issue                                                     Details                                                      Rationale
Termination of Membership
Under what circumstances will you             terminate   Staff Membership will cease on termination of contract.      Membership will be clearly identified in contractual
membership, and how will you enforce it?                  However, if they remain a resident of our catchment or a     terms and conditions of employment.
                                                          patient of the Trust, they may become a Public Member.

                                                          In relation to the Public Constituency, membership           To protect Trust staff.
                                                          would be terminated if the member was found to have
                                                          been a perpetrator of the issues highlighted under the
                                                          section describing ‘Disqualification for Membership’.
BOARD OF GOVERNORS
The size, composition of the Council of Governors.        The total of 31 (excluding Chairman)                         The public composition ensures a majority in line with
                                                                                                                       Foundation Trust requirements.
                                                              Public               16
                                                              Stakeholders         10                                  The proposals for Stakeholder/Partner Governors
                                                              Staff                 5                                  encompasses involvement with key organisations
                                                                                                                       directly involved with the Trust’s services.

                                                                                                                       Staff   composition       encompasses      proportionate
                                                                                                                       representation from all the Trust’s employees.
How will you ensure the size of the Council of            We feel that a total of 31 Governors (excluding              Terms of office will be allocated to ensure continuity of
Governors is manageable?                                  Chairman) offers fair representation and is of a             the Council of Governors, ensuring a mix of
                                                          manageable size.                                             experienced and new Governors.

What part do you want the Council of Governors to play    The Council of Governors will be supported to form the       The Council of Governors will meet the requirements as
in the NHSFT, how will you empower them?                  main strategic channel for communication with                determined by the Foundation Trust’s Constitution.
                                                          members. Governors of the Trust will be supported in
                                                          their role in the following ways:
                                                               They will receive training in relation to their role.
                                                               They will be supported in communicating with their
                                                               Constituency and encouraged to hold surgeries,
                                                               which members can attend to raise issues and
                                                               receive information.
                                                               They will be invited within Council of Governors
                                                               meetings to raise any issues from the Membership.
                                                               Implement the Membership Strategy. (Cont’d)
                                                                                                                                                   Appendix 1.2




Issue                                                    Details                                                     Rationale
What part do you want the Council of Governors to play   (Cont’d)
in the NHSFT, how will you empower them?                    The Trust intends to        support the Council of
                                                            Governors to undertake     their role in a meaningful
                                                            and effective manner        by providing a robust
                                                            induction to the Trust      and to their roles and
                                                            responsibilities.
Public governors
The process to be followed for nominating public         Public Governors will be elected from the following four    The structure of the Public Constituency has been
governors and details of the election process.           areas, using the Model Rules for Election:                  identified from four areas, with the number of seats for
                                                             Blackpool (8)                                           each group being assigned on a pro-rata basis, based
                                                             Wyre (4)                                                on patient flows into the Trust.
                                                             Fylde (3)
                                                             Cumbria and Lancashire (1)
                                                         Registered members will be able to vote for all
                                                         nominees within their groups.

                                                         The election process will be outsourced to the Electoral    Outsourcing of the election process will reinforce the
                                                         Reform Services (ERS).                                      Trust ethos of fairness and transparency.
                                                                                                                     The proposed timescale will be devised by the ERS.

                                                         For the initial elections, a series of awareness sessions   To promote understanding of the Governor role and
                                                         for members interested in standing for Governor             dispel any misconceptions.
                                                         positions will be held.

Circumstances in which people are not eligible to be     This is covered in detail in Annex Five of the              Considered to be best          practice.    Mandatory
Governors over the mandatory circumstances.              Constitution. Examples include:                             circumstances covered in       Paragraph   12 of the
                                                             They are a Director of the Foundation Trust.            Constitution.
                                                             They are the spouse, partner, parent or child of a
                                                             member of the Board of Directors of the Foundation
                                                             Trust.
                                                             They are a member of a local authority’s Scrutiny
                                                             Committee, covering health matters.
                                                             They are subject to a sex offender order.
                                                             They have within the preceding three years been
                                                             dismissed, otherwise than by reason of redundancy,
                                                             from any paid employment within an NHS body.
                                                                                                                                                     Appendix 1.2




Issue                                                       Details                                                     Rationale
Patient governors (if applicable)
The process to be followed for nominating patient           Not applicable.
governors and details of the election process. The
explanation needs to include the specific circumstances
in which people are not eligible to be governors over the
mandatory circumstances.

Staff governors
The process to be followed for nominating Staff             Staff Governors will be elected from the four previously    We would like to ensure that the process is as
Governors and details of the election process.              detailed classes, using the Model Rules for Election.       transparent for staff members and equitable with the
                                                                                                                        process for Public Governors.
                                                            Registered members will be able to vote for all
                                                            nominees within their groups.

                                                            The election process will be outsourced to the Electoral
                                                            Reform Services (ERS).

                                                            For the initial elections, a series of awareness sessions   To promote understanding of the Governor role and
                                                            for members interested in standing for election for         dispel any misconceptions.
                                                            Governor positions will be held.
Circumstances in which staff are not eligible to be         Any of the appropriate criteria apply to staff as well as   To provide equity.
Governors over the mandatory circumstances.                 Public Governors as described earlier.



Primary Care Trust governors
PCT(s) that are eligible to appoint Governor(s) are         PCT’s that are eligible to appoint Governors are:           The process for appointment is transparent.
selected and details of the appointment process.               Blackpool PCT
                                                               North Lancashire PCT

                                                            The appointment process will be determined locally by
                                                            the PCT(s) in conjunction with the Trust.
                                                                                                                                                        Appendix 1.2




Issue                                                        Details                                                     Rationale
Local Authority governors
LA(s) that are eligible to appoint Governor(s) are           Local Authorities that are eligible to appoint Governors    The process for appointments is transparent.
selected and details of the appointment process.             are:
                                                                  Blackpool Borough Council
                                                                  Lancashire County Council

                                                             The appointment process will be determined locally by
                                                             the Local Authorities in conjunction with the Trust.
University governors
Where applicable, the University(ies) that are eligible to   Not applicable.
appoint governor(s) are selected and details of the
appointment process.

Partnership governors
Why those organisations were selected and the process        Partnership organisations will include the following:       It is proposed to include 10 partner/stakeholder
for appointing them (eg colleges, voluntary                      Blackpool PCT (1)                                       organisations as the Trust feels that this reflects either
organisations, etc)?                                             North Lancashire PCT (1)                                their direct involvement with its services or they will
                                                                 Blackpool Borough Council (1)                           provide links with the wider community to promote
                                                                 Lancashire County Council (1)                           social enterprise activity.
                                                                 University of Central Lancashire (1)
                                                                 Patient and Public Involvement Forum (1)
                                                                 Council for Voluntary Services (1)
                                                                 Lancashire Care Trust (1)
                                                                 Lancashire Business Link (1)
                                                                 Blackpool Regeneration Project (1)

                                                             All of the above stakeholders have been selected to
                                                             reflect either their current direct involvement with the
                                                             delivery of our services or for their contribution to the
                                                             wider local community that the Trust serves. The
                                                             appointment process will be determined locally.
Are you considering representatives of any organisation      No.
who will be allowed to attend board meetings in an
official capacity (eg Chair of neighbouring trust) but who
will have no voting rights?
                                                                                                                                                   Appendix 1.2




Issue                                                     Details                                                    Rationale
Terms of office
Any cap on the total time served for each category of     This is covered in detail in paragraph 11 and Annex        Having a staggered term of office enables a robust
governor (whether elected or appointed) and for non-      Five of the Constitution.                                  rolling programme of Governors for future elections.
elected Governors the term of office (before new or re-                                                              Terms of Office will be determined as set out in the
appointment).                                             However, in summary:                                       Constitution.
                                                             An elected Governor shall normally hold office for a
                                                             period of 3 years, commencing immediately after
                                                             the Annual Members Meeting at which his election
                                                             is announced.
                                                             An elected Governor may not hold office for more
                                                             than nine consecutive years.

                                                          At inception only, the first terms of office for elected
                                                          Governors will be staggered in terms of 3, 2 and 1
                                                          years. This process will be made clear to potential
                                                          nominees before commencement of the election
                                                          process.
Disqualification
The provisions for the removal of Governors that are      Governors will not be able to continue in post in the      To comply with the Foundation Trust’s Constitution.
intended to apply and any other additional reasons for    event that they:
exclusion.                                                   Fail to attend three consecutive meetings of the
                                                             Council of Governors unless the other Governors
                                                             are satisfied that:
                                                             - The absences were due to reasonable causes;
                                                                  and
                                                             - They will be able to start attending meetings of
                                                                  the Council of Governors again within such a
                                                                  period as the other Governors consider
                                                                  reasonable.
                                                             They have refused without reasonable cause to
                                                             undertake any training, which the Council of
                                                             Governors requires all Governors to undertake.
                                                             They have failed to sign and deliver to the Secretary
                                                             a statement in the form required by the Secretary
                                                             confirming acceptance of the Code of Conduct for
                                                             Governors. (Cont’d)
                                                                                                                                                    Appendix 1.2




Termination as a Governor
                                                         (Cont’d)                                                      The main objective of the provisions is to ensure that
                                                             A Governor may be removed by a resolution                 Governors are committed to supporting and promoting
                                                             approved by not less than three quarters of the           the Trust for the benefit of its patients, staff and
                                                             remaining Governors present and voting on the             services.
                                                             grounds that:
                                                             - They have committed a serious breach of the
                                                                  Code of Conduct or
                                                             - They have acted in a manner detrimental to the
                                                                  interests of the Foundation Trust, and
                                                             - The Council of Governors consider that it is not
                                                                  in the best interests of the Foundation Trust for
                                                                  them to continue as a Governor.
What conditions or requirements apply including the      As above.                                                     As above.
requirements of Schedule 1, paragraphs 8(1) and (2) of
the HSC Act 2003.

Vacancies
The process for handling vacancies in the Council of     Where a vacancy arises on the Council of Governors for        To promote continuous representation.
governors.                                               any reason other than expiry of term of office, the
                                                         following will apply:
                                                              Where the vacancy arises amongst the appointed
                                                             Governors, the Secretary shall request that the
                                                             appointing organisation appoints a replacement to
                                                             hold office for the remainder of the term.
                                                              Where the vacancy arises amongst the Elected
                                                             Governors, the Council of Governors may:
                                                             - Call an election within three months to fill the
                                                                 seat for the remainder of that term; or
                                                             - Invite the next highest polling candidate for that
                                                                 seat at the most recent election, who is willing to
                                                                 take office, to fill the seat until the next annual
                                                                 election, at which time the seat will fall vacant
                                                                 and be subject to election for any unexpired
                                                                 period of the term of office; or
                                                             - If the unexpired period of the term of office is
                                                                 less than six months, to leave the seat vacant
                                                                 until the next elections are held.
                                                                                                                                                 Appendix 1.2




Issue                                                  Details                                                     Rationale
Roles and responsibilities of governors
The process to appoint or remove the Chair and other   Whilst the Council of Governors will have future            To promote continuity and utilisation of existing
Non-Executive Directors. This may not apply for the    responsibility for the appointment and remuneration         experience in the initial transition period of becoming a
initial Chief Executive and Non-Executives.            arrangements of the Chairman and Non-Executive              Foundation Trust.
                                                       Directors, the current Chairman and Non-Executive
                                                       Directors will be invited to continue in the post for the
                                                       remainder of their current term of office.

                                                       The process for the appointment and removal of              The Terms of Reference for the Nominations Committee
                                                       Chairman and Non-Executive Directors is detailed in         are yet to be developed.
                                                       Annex Six of the Constitution.

                                                       However, it is proposed that a Nominations Committee        To comply with the Foundation Trust’s Constitution.
                                                       is established which will comprise the Chairman of the
                                                       Foundation Trust (or, when a Chairman is being
                                                       appointed, the Deputy Chairman, unless he is standing
                                                       for appointment, in which case another Non-Executive
                                                       Director), the Chief Executive, two elected Governors
                                                       and one Appointed Governor. The Chairman of another
                                                       Foundation Trust will be invited to act as an
                                                       independent assessor to the Nominations Committee.

                                                       Appropriate candidates will be identified by the
                                                       Nominations Committee through a process of open
                                                       competition.

                                                       The removal of the Chairman or another Non-Executive
                                                       Director shall be in accordance with the following
                                                       procedures:
                                                           Any proposal for removal must be proposed by a
                                                          Governor and seconded by not less than ten
                                                          Governors, including at least two elected Governors
                                                          and two appointed Governors.
                                                           Written reasons for the proposal shall be provided
                                                          to the Non-Executive Director in question, who shall
                                                          be given the opportunity to respond. (Cont’d)
                                                                                                                                                 Appendix 1.2




Issue                                                   Details                                                    Rationale
                                                        (Cont’d)
                                                            In making any decision to remove a Non-Executive
                                                           Director, the Council of Governors shall take into
                                                           account the annual appraisal carried out by the
                                                           Chairman.
                                                            If any proposal to remove a Non-Executive Director
                                                           is not approved at a meeting of the Council of
                                                           Governors, no further proposal can be put forward to
                                                           remove such Non-Executive Director based upon the
                                                           same reasons within twelve months of the meeting.
The process to approve the appointment of the Chief     The Chief Executive will be appointed by the Chairman      The process of appointment is seen as transparent and
Executive (NB may not apply for the initial Chief       and Non-Executive Directors through an Appointments        complies with the Foundation Trust’s Constitution.
Executive).                                             Committee.

                                                        The appointment of the Chief Executive shall require the
                                                        approval of the majority of the Council of Governors.

                                                        The current Chief Executive of the Trust shall be
                                                        appointed as the initial Chief Executive if he wishes to
                                                        be appointed, this will not require the approval of the
                                                        Council of Governors.
The process to decide the remuneration and allowances   The Council of Governors at a general meeting of the       To comply with the Foundation Trust’s Constitution.
of Non-Executive Directors.                             Council of Governors shall decide the remuneration and
                                                        allowances of the Chairman and other Non-Executive
                                                        Directors.

                                                        It is anticipated that the Council of Governors would
                                                        benefit from professional Human Resources advice on
                                                        these issues.
Details of the relationship between the Board of        The Chairman of the Council of Governors will also         Ensuring a good relationship between the Governors
Directors and the Council of Governors.                 Chair the Board of Directors. Unless excluded for any      and the Foundation Trust’s Directors from the outset is
                                                        reason and by invitation only, members of the Board of     vital. We will develop robust systems to ensure the
                                                        Directors shall be able to attend the Council of           provision of timely and meaningful communication.
                                                        Governors meetings.

                                                        (Cont’d)
                                                                                                                                                    Appendix 1.2




Issue                                                      Details                                                     Rationale
                                                           (Cont’d)                                                    A dispute resolution framework will ensure that in the
                                                           A dispute resolution framework will be developed.           event of a disagreement between the Council of
                                                                                                                       Governors and the Board of Directors, clear systems
                                                                                                                       are in place to allow for a speedy and sensible
                                                                                                                       resolution.
Any other provisions about the Council of Governors.       A Membership Strategy has been developed and the            The Membership and Communications Strategy will
This should outline details of how the Council of          Trust’s Communications Strategy updated to take into        assist in providing guidance, support and a reference
Governors intends to maintain a dialogue with the staff    account     the   needs      of   providing  meaningful     tool for Governors.
and public membership.                                     communication      between      the    Governors   and
                                                           Membership. The Foundation Trust will assist the
                                                           Council of Governors to develop systems to enable this
                                                           to happen. We envisage that within the first eighteen
                                                           months, these systems will be refined and established
                                                           to enable the Governors to contribute to the Foundation
                                                           Trust’s business in a positive manner.
Details of payment of travel and other expenses (but not   The Foundation Trust will pay traveling and other           Transparency and good practice will be ensured by the
remuneration) for Governors.                               expenses to members of the Council of Governors at          Foundation Trust’s Audit Committee.
                                                           rates to be determined.


Meetings
Who will deputise in the Chair’s absence at the Council    The Deputy Chairman, or in their absence, one of the        To ensure continuity and due process is followed at
of Governors?                                              Non-Executive Directors, shall preside at meetings of       Council of Governors meetings.
                                                           the Council of Governors in the absence of the
                                                           Chairman.

                                                           The Council of Governors at a general meeting of the
                                                           Council of Governors will appoint one of the Non-
                                                           Executive Directors as Deputy Chairman.
Any special reasons as to why meetings of the Council      Meetings of the Council of Governors shall be open to       To ensure transparency and accountability to the local
of governors would not, on an exceptional basis, be        members of the public, unless the Council of Governors      community.
open to the public?                                        decides otherwise in relation to all or part of a meeting
                                                           for reasons of commercial confidentiality or on other
                                                           proper grounds.     Members of the public may be
                                                           excluded from a meeting if they are interfering with or
                                                           preventing the proper conduct of a meeting or for other
                                                           special reasons.
                                                                                                                                                     Appendix 1.2




Issue                                                       Details                                                    Rationale
The frequency of meetings of the Council of Governors?      At least three times a year. It is proposed that a         To ensure that input from the Council of Governors is
                                                            schedule of meetings is developed following the            timely to ensure meaningful input to the Foundation
                                                            appointment of the Council of Governors.                   Trust’s business.
The number of Governors by type that must be present        No business shall be transacted at a meeting of the        To ensure balanced representation from each Governor
at any meeting of the Council of Governors?                 Council of Governors unless ten Governors, including       group and to provide a varied quorum for each meeting.
                                                            no fewer than five Public Governors, not less than one
                                                            Staff Governor and no fewer than two Appointed
                                                            Governors are present.
The wording of the declaration for Governors to give the    An elected Governor may not vote at a meeting of the       To comply with the Foundation Trust’s Constitution.
particulars of their qualification to vote as a member of   Council of Governors unless, before attending the
the Council of Governors and for members to vote or to      meeting, they have made a declaration in the form
stand for election as a Governor.                           specified by the Secretary, of the particulars of their
                                                            qualification to vote as a member of the Foundation
                                                            Trust and that they are not prevented from being a
                                                            member of the Council of Governors. Any elected
                                                            Governor shall be deemed to have confirmed the
                                                            declaration upon attending any subsequent meetings of
                                                            the Council of Governors and every agenda for
                                                            meetings of the Council of Governors will draw this to
                                                            the attention of the elected Governors.
Conflicts of interests of governors
Details of how conflicts of interest should be handled.     Governors will be required to declare any pecuniary        Declarations of Interest are required from all Governors
                                                            relevant or material interests that could result in a      and Directors to ensure transparency.
                                                            conflict of interest. Annex Seven ‘Standing Orders for
                                                            the Practice and Procedure of the Council of Governors’
                                                            of the Foundation Trust’s Constitution details the
                                                            process to be followed in the Declaration of interests
                                                            and register of interests.
Committees and sub-committees
Any other provisions about committees that may be set       The Council of Governors may not delegate any of its       It is envisaged that the Council of Governors may need
up to advise the Council of Governors?                      powers to a committee or sub-committee, but it may         expert advice in certain matters to inform decision
                                                            appoint committees consisting of its members, Directors    making.
                                                            and other persons to assist the Council of Governors in
                                                            carrying out its functions. The Council of Governors
                                                            may, through the Secretary, request that advisors assist
                                                            them or any committee they appoint in carrying out its
                                                            duties.
                                                                                                                                                           Appendix 1.2




Issue                                                        Details                                                       Rationale
BOARD OF DIRECTORS
The overall size and constitution of the Board of            The Board of Directors will comprise:                         The provision of this composition is considered to be
Directors including the numbers and roles of Non-                A Non-Executive Chairman.                                 robust and will enable the Foundation Trust to deliver its
Executive and Executive Directors.                               Six Non-Executive Directors.                              business in an effective manner.
                                                                 Six Executive Directors comprising:
                                                                - Chief Executive
                                                                - Deputy Chief Executive
                                                                - Director of Finance
                                                                - Medical Director
                                                                - Director of Nursing and quality
                                                                - Director of Human Resources
The eligibility criteria for non-executive director posts.   Non-Executive Directors may be appointed only if:             Non-Executive Directors must not be eligible to be
                                                                 They are a member of the Public Constituency or           appointed if they meet any of the disqualification criteria.
                                                                 They are not disqualified by virtue of Paragraph 25
                                                                or Annex Six of the Foundation Trust’s Constitution.

Terms of office
Terms of office for the Chair and Non-Executive              A Nron-Executive Director shall normally hold office for      These proposals ensure some continuity as the
Directors.                                                   three years, at the end of which they will be eligible for    Foundation Trust matures.
                                                             re-appointment. A Non-Executive Director shall not be
                                                             eligible to hold office as a Director of the Foundation       To comply with the Foundation Trust’s Constitution.
                                                             Trust for more than nine consecutive years.

                                                             If the Non-Executive Director is willing to be considered
                                                             for re-appointment at the conclusion of their first term of
                                                             office, the Council of Governors is not obliged to follow
                                                             the procedures detailed in Paragraph 2, Annex 6 of the
                                                             Constitution for the appointment of Non-Executive
                                                             Directors.

                                                             For initial appointments, the current Trust Chairman and
                                                             Non-Executive Directors will continue in post for the
                                                             remainder of their current term. Subsequently, terms of
                                                             office will be reviewed and agreed by the Council of
                                                             Governors.
                                                                                                                                                       Appendix 1.2




Issue                                                     Details                                                        Rationale
Terms and conditions of the Chief Executive and           The Trust already has an existing Remuneration                 Reinforced by Monitor’s ‘The NHS Foundation Trust –
Executive Directors.                                      Committee comprised of Non-Executive Directors who             Code of Governance’.
                                                          decide the remuneration and allowances, and the other
                                                          terms and conditions of office, of the Chief Executive
                                                          and other Executive Directors.

                                                          For the initial appointment, the current Chief Executive       To provide continuity as the Foundation Trust matures.
                                                          will be invited to continue in post on the current terms
                                                          and conditions.

                                                          At establishment, all other existing Directors shall be
                                                          invited to continue in post on their existing terms and
                                                          conditions of office.
Disqualification
Any exclusions to the Board of Directors over and         Exclusions to the Board of Directors are detailed in           To comply with the Foundation Trust’s Constitution.
above the legal minimum?                                  Paragraph 25 and Annex Six of the Foundation Trust’s
                                                          Constitution.

                                                          As appointees from members of the public
                                                          constituencies, Non-Executive Directors shall be subject
                                                          to the same eligibility and disqualification criteria as per
                                                          Public Governors.
Roles and responsibilities
The process for a committee of Non-Executive Directors    The Trust’s existing Audit Committee is chaired by a           These arrangements comply with Monitor’s publications:
to monitor, review and carry out other audit committee    Non-Executive Director and consists of all the Non-
functions. Proposals for the audit committee’s function   Executive Directors of the Trust with the exception of         ‘Audit Code for NHS Foundation Trusts’ and ‘The NHS
are also required.                                        the Chairman of the Trust. The Audit Committee is              Foundation Trust Code of Governance’.
                                                          chaired by a Non-Executive Director with relevant
                                                          financial experience. The main role and responsibilities       These arrangements will ensure formal and transparent
                                                          of the Audit Committee are set out in revised written          arrangements for application of the financial reporting
                                                          Terms of Reference.                                            and internal control principles of the Foundation Trust.

                                                          It is proposed that following establishment, the Audit
                                                          Committee will be similarly convened.
                                                                                                                                                 Appendix 1.2




Issue                                                    Details                                                    Rationale
The process for the Non-Executive Directors to appoint   Chief Executive                                            To ensure continuity as the Foundation Trust matures.
or remove the Chief Executive and for the committee of
Chief Executive, Chair and NEDs to appoint or remove     The Non-Executive Directors will appoint or remove the
other Executive Directors.                               Chief Executive.      The appointment of the Chief
                                                         Executive will require the approval of the Council of
                                                         Governors.    The current Chief Executive shall be
                                                         appointed as the initial Chief Executive of the
                                                         Foundation Trust and this appointment will not require
                                                         the approval of the Council of Governors.

                                                         Executive Directors

                                                         A committee consisting of the Chairman, the Chief
                                                         Executive and the other Non-Executive Directors will
                                                         appoint or remove the other Executive Directors. The
                                                         removal of any Executive Director shall be in
                                                         accordance with the robust employment procedures and
                                                         common law.

                                                         The current Executive Directors shall be appointed as      To ensure continuity as the Foundation Trust matures.
                                                         the initial Executive Directors of the Foundation Trust.
The process for a committee of Non-Executive Directors   The Trust already has an established Remuneration          To comply with Monitor’s publication ‘The NHS
to decide remuneration and allowances for Executive      Committee comprising the Chairman and all Non-             Foundation Trust Code of Governance’.
Directors and (if relevant) the provisions on            Executive Directors. The Director of Human Resources
remuneration and allowances that might be set out in     attends meetings to act as Committee Secretary and to
the constitution, pending appointment of such a          offer advice and guidance, but they will withdraw when
committee.                                               discussions about their own remuneration and terms of
                                                         service are held.

                                                         It is envisaged that this committee will continue,
                                                         following establishment of the Foundation Trust. Its
                                                         Terms of Reference will be amended according.
                                                                                                                                                      Appendix 1.2




Issue                                                      Details                                                      Rationale
The process for the Directors to have regard to the        Following appointment of the Council of Governors,           To enable meaningful engagement between the Council
views of the Council of Governors on the Trust’s forward   their views will be sought around the development of         of Governors and the Board of Directors.
planning.                                                  robust processes to enable meaningful dialogue and
                                                           contribution between the Council of Governors and the
                                                           Board of Directors. The Board of Directors will establish
                                                           a Forum to facilitate consultation on the development of
                                                           the Foundation Trust’s forward plans and any significant
                                                           changes to the delivery of the Business Plan.
The process for the Board of Directors to present to the   An Annual General Meeting will be held, during which         To comply with Monitor’s publication ‘The NHS
Council of Governors at a general meeting the annual       the Council of Governors will:                               Foundation Trust Code of Governance’.
accounts, any report of the auditor on them, and the            Appoint or remove the Foundation Trust’s auditor.
annual report.                                                  Be presented with the annual accounts, any report
                                                              of the auditor on them and the annual report.

                                                           This meeting will be open to the Membership, Council of      To comply with the Foundation Trust’s ‘Terms of
                                                           Governors, Board of Directors and members of the             Authorisation and Constitution’.
                                                           public.

Meetings of the board of directors
Details of how meetings should take place, including       Save in the case of emergencies or the need to conduct       To comply with the Foundation Trust’s Constitution.
when meetings should take place in public or private.      urgent business, the Secretary shall give to all Directors
                                                           at least fourteen days written notice of the date and
                                                           place of every meeting of the Board of Directors.

                                                           Four times in every financial year, the meeting of the
                                                           Board of Directors shall be opened to members of the
                                                           public, unless the Board of Directors decides otherwise
                                                           in relation to all or part of such meeting for reasons of
                                                           commercial confidentiality or on other proper grounds.
                                                           Other meetings of the Board of Directors shall be held in
                                                           private. The Chairman shall exclude any member of the
                                                           public from a meeting of the Board of Directors if they
                                                           are interfering with or preventing the proper conduct of
                                                           the meeting.

                                                           (Cont’d)
                                                                                                                                                 Appendix 1.2




Issue                                                     Details                                                     Rationale
                                                          (Cont’d)
                                                          Four Directors, including not less than two Executive
                                                          Directors (one of whom must be the Chief Executive or
                                                          the Deputy Chief Executive) and not less than two Non-
                                                          Executive Directors (one of whom must be the
                                                          Chairman or the Deputy Chairman of the Board of
                                                          Directors) shall form a quorum.
Conflict of interests of directors
Details of how conflicts of interest should be handled.   Members of the Board of Directors shall disclose to the     To comply with the Foundation Trust’s Constitution,
                                                          Board of Directors any material interests held by a         Code of Conduct, The Nolan Principles and Monitor’s
                                                          Director, their spouse or partner, which shall be           publication ‘The NHS Foundation Trust Code of
                                                          recorded in the register of interests of the Directors.     Governance’.
                                                          Definitions of material interests are listed in the
                                                          Constitution, paragraph 27.2.

                                                          Any Director who has an interest in a matter to be
                                                          considered by the Board of Directors will declare such
                                                          interest to the Board of Directors and:
                                                               Shall withdraw from the meeting and play no part in
                                                              the relevant discussion or decision; and
                                                               Shall not vote on the issue (and if by inadvertence
                                                              they do remain and vote, their vote shall not be
                                                              counted).

                                                          Details of any such interest shall be recorded in the
                                                          register of interests of the Directors.

                                                          Any Director who fails to disclose any interest or
                                                          material interest will permanently vacate their office if
                                                          required to do so by a majority of the remaining
                                                          Directors and (in the case of a Non-Executive Director)
                                                          by a majority of the Council of Governors.
                                                                                                                                                     Appendix 1.2




Issue                                                     Details                                                      Rationale
REGISTERS
How the register of members will be maintained,           The Foundation Trust shall have:                             To comply with the Foundation Trust’s Constitution.
including admission to, and removal from, the register.       A register of members showing in respect of each
                                                             member, the constituency to which he belongs and,
                                                             where there are classes within it, the class to which
                                                             he belongs.
                                                              A register of members of the Council of Governors.
                                                              A register of interests of Governors.
                                                              A register of Directors.
                                                              A register of the interests of Directors.

                                                          The Secretary of the Foundation Trust will remove from
                                                          the register of members, the name of any member who
                                                          ceases to be entitled to be a member under the
                                                          provisions of the Foundation Trust’s Constitution.
How the register of members of the Council of             The register of members of the Council of Governors          To comply with the Foundation Trust’s Constitution.
Governors will be maintained, including admission to,     will be maintained by the Secretary of the Foundation
and removal from, the register.                           Trust.

                                                          The Secretary will remove from the register of
                                                          Governors the name of any Governor who ceases to be
                                                          entitled to be a Governor under the provisions of the
                                                          Foundation Trust’s Constitution.

                                                          The Secretary will send to Monitor a list of persons who
                                                          were first elected or appointed as a Governor of the
                                                          Foundation Trust.
How the register of members of the Council of             Members of the Council of Governors shall disclose to        To comply with the Foundation Trust’s Constitution.
Governors’ interests will be maintained, including        the Council of Governors any material interests (as
admission to, and removal from, register.                 defined in the Foundation Trust’s Constitution). Any
                                                          interest shall be recorded in the register of interests of
                                                          Governors.

                                                          Any Governor who has an interest in a matter to be
                                                          considered by the Council of Governors, shall declare
                                                          such interest to the Council of Governors. (Cont’d)
                                                                                                                                                          Appendix 1.2




Issue                                                         Details                                                       Rationale
                                                              (Cont’d)
                                                              Details of any such interest shall be recorded in the
                                                              register of interests of Governors.

                                                              The register of interests of the Council of Governors will
                                                              be maintained by the Foundation Trust Secretary.
How the register of members of the Board of Directors’        The register of interests of the Board of Directors will be   To comply with the Foundation Trust’s Constitution.
interests will be maintained, including admission to, and     maintained by the Secretary of the Foundation Trust.
removal from, the register.
                                                              The Secretary will send to Monitor, a list of persons who
                                                              were first appointed as Directors of the Foundation
                                                              Trust.

                                                              Members of the Board of Directors shall disclose to the
                                                              Board of Directors any material interests (defined in the
                                                              Foundation Trust’s Constitution) held by a Director, their
                                                              spouse or partner, which shall be recorded in the
                                                              register of interests of the Directors.
PUBLIC DOCUMENTS
How they will make provision for the public to receive        The Foundation Trust will make the following                  To comply with the Foundation Trust’s Constitution.
the documents set out in the Act and the charges that         documents available for inspection by members of the
will apply (NB regulations may prescribe circumstances        public free of charge at all reasonable times:
in which there is not to be public access to the register).
                                                                  A copy of the current Constitution.                       To promote an open and transparent relationship with
                                                                  A copy of the current authorisation.                      the public, its Membership and Stakeholders.
                                                                  A copy of the latest annual accounts and any report
                                                                 of the auditor on them.
                                                                  A copy of the latest annual report.
                                                                  A copy of the latest information as to its forward
                                                                 planning.
                                                                  A copy of any notice given under section 23 of the
                                                                 2003 Act.
                                                                  A copy of the Membership Strategy.
                                                                  A copy of the Foundation Trust’s policy for the
                                                                 composition of the Council of Governors and of the
                                                                 Non-Executive Directors. (Cont’d)
                                                                                                                                              Appendix 1.2




Issue                                                Details                                                     Rationale
                                                     (Cont’d)

                                                     Any person who requests a copy or an extract from any
                                                     of the above documents will be provided with a copy or
                                                     an extract.

                                                     If a person requesting a copy or extract is not a member
                                                     of the Foundation Trust, it may impose a reasonable
                                                     charge for providing such documentation.

                                                     Applications for copies of documentation will be made to
                                                     the Secretary of the Foundation Trust who will be
                                                     responsible for providing them.
AUDITOR
Details of the auditors’ appointment and roles and   The Council of Governors will appoint or remove the         To comply with the Health and Social Care (Community
responsibilities.                                    Foundation Trust’s auditor at a general meeting of the      Health and Standards) Act 2003, the Foundation Trust’s
                                                     Council of Governors.                                       Constitution, the Audit Code for NHS Foundation Trusts
                                                                                                                 and Monitor’s NHS Foundation Trust Code of
                                                     A person may only be appointed as the auditor if they       Governance.
                                                     (or in the case of a firm, each of its members) are a
                                                     member of one or more of the bodies referred to in
                                                     paragraph 23(4) of Schedule 1 of the 2003 Act.

                                                     An officer of the Audit Commission may be appointed as
                                                     auditor with the agreement of the Audit Commission.
                                                     Where an officer of the Audit Commission is appointed
                                                     as auditor, the Commission is to charge the Foundation
                                                     Trust such fees for their services as will cover the full
                                                     cost of providing them.

                                                     The auditor is to carry out their duties in accordance
                                                     with the schedule 5 of the 2003 Act and in accordance
                                                     with any directions given by Monitor on standards,
                                                     procedures and techniques to be adopted. (Cont’d)
                                                                                                                                             Appendix 1.2




Issue                                                Details                                                    Rationale
                                                     (Cont’d)

                                                     The Board of Directors may resolve that external
                                                     auditors be appointed to review and publish a report on
                                                     any other aspect of the Foundation Trust’s performance.
                                                     Any such auditors will be appointed by the Council of
                                                     Governors.

                                                     When the Council of Governors ends an auditor’s
                                                     appointment in disputed circumstances, the Chairman
                                                     should write to Monitor informing it of the reasons
                                                     behind the decision.
ACCOUNTS
Details of process to make the accounts available.   The following documents will be made available to the      To comply with the Health and Social Care (Community
                                                     Comptroller and Auditor General for examination at his     Health and Standards) Act 2003, the Foundation Trust’s
                                                     request:                                                   Constitution, Monitor’s NHS Foundation Trust Financial
                                                         The accounts.                                          Reporting Manual and the NHS Foundation Trust Code
                                                         Any records relating to them.                          of Governance.
                                                         Any report of the auditor on them.

                                                     In preparing the annual accounts, the Accounting
                                                     Officer shall cause the Foundation Trust to comply with
                                                     any directions given by Monitor with the approval of the
                                                     Treasury as to:

                                                         The methods and principles according to which the
                                                        accounts are to be prepared.
                                                         The information to be given in the accounts;

                                                     and shall be responsible for the functions of the
                                                     Foundation Trust as set out in Paragraph 25 of
                                                     Schedule 1 of the 2003 Act.

                                                     The Accounting Officer shall cause the Foundation
                                                     Trust to: (Cont’d)
                                                                                                                                              Appendix 1.2




Issue                                              Details                                                       Rationale
                                                   (Cont’d)Lay a copy of the annual accounts, and any
                                                   report of the auditor on them, before Parliament; and
                                                   Once it has done so, send copies of those document to
                                                   Monitor.
ANNUAL REPORTS AND FORWARD PLANS
Details of process to make the annual report and   The Foundation Trust will prepare an Annual Report            To comply with the Foundation Trust’s Constitution and
forward plans available.                           and send it to Monitor. The Foundation Trust shall give       Monitor’s publication ‘The NHS Foundation Trust Code
                                                   information as to its forward planning in respect of each     of Governance’.
                                                   Financial Year to Monitor, this document will be
                                                   prepared by the Board of Directors. In preparing the
                                                   document, the Directors shall have regard to the views
                                                   of the Council of Governors. The Annual Reports will
                                                   include:

                                                       Information on any steps taken by the Foundation
                                                      Trust to secure that (taken as a whole) the actual
                                                      Membership of the Public Constituency and of the
                                                      classes of the Staff Constituency is representative of
                                                      those eligible for such Membership and
                                                       Any other information Monitor requires.

                                                   The Foundation Trust will comply with any decision
                                                   Monitor makes as to:

                                                       The form of the reports.
                                                       When the reports are to be submitted.
                                                       The periods to which the reports are to relate.
INDEMNITY
Details of any indemnity clause.                   Members of the Council of Governors and the Board of          To comply with the Foundation Trust’s Constitution and
                                                   Directors and the Foundation Trust’s Secretary who act        Monitor’s publication ‘The NHS Foundation Trust Code
                                                   honestly and in good faith will not have to meet out of       of Governance’.
                                                   their personal resources any personal civil liability which
                                                   is incurred in the execution of their functions, save
                                                   where they have acted recklessly. Any costs arising in
                                                   this way will be met by the Foundation Trust. (Cont’d)
                                                                                                                                                      Appendix 1.2




Issue                                                    Details                                                        Rationale
                                                         (Cont’d)

                                                         The Foundation Trust will purchase and maintain
                                                         insurance against this liability for its own benefit and for
                                                         the benefit of members of the Council of Governors, the
                                                         Board of Directors and the Secretary.
DISPUTE RESOLUTION PROCEDURES
Details of any dispute resolution procedures in the      Every unresolved dispute which arises out of the               To comply with the Foundation Trust’s Constitution.
constitution, eg issues related to the constitution or   Foundation Trust’s Constitution between the Foundation
other disputes such as contract.                         Trust and:

                                                             A member; or
                                                             Any person aggrieved who has ceased to be a
                                                            Member within the six months prior to the date of the
                                                            dispute; or
                                                             Any person bringing a claim under the Constitution;
                                                            or
                                                             An office-holder of the Foundation Trust

                                                         will be submitted to an arbitrator agreed by the parties       To ensure a fair, transparent and independent process.
                                                         or in the absence of agreement to be nominated by the
                                                         Strategic Health Authority. The arbitrator’s decision will
                                                         be binding and conclusive on all parties.

                                                         Any person bringing a dispute must, if required to do so,
                                                         deposit with the Foundation Trust a reasonable sum
                                                         (not exceeding £250) to be determined by the Council of
                                                         Governors and approved by the Secretary.               The
                                                         arbitrator will decide how the costs of the arbitration will
                                                         be paid and what should be done with the deposit.
                                                                                                                                                  Appendix 1.2




Issue                                                     Details                                                   Rationale
AMENDING THE CONSTITUTION
Details of the procedure for amending the constitution.   No amendment will be made to the Foundation Trust’s       To comply with the Foundation Trust’s Constitution.
                                                          Constitution (including its Annexes) unless:

                                                              It has been approved by a majority of members of
                                                             the Foundation Trust present and voting at a
                                                             members’ meeting duly called by order of the
                                                             Council of Governors in accordance with the
                                                             Constitution; and
                                                              It has been approved by Monitor.

                                                          No amendment shall be made to the provisions of the
                                                          Constitution concerning the Public Constituency, unless
                                                          it has also been approved by a majority of the members
                                                          of the Public Constituency as may have voted at the
                                                          members’ meeting.

                                                          No amendment shall be made to the provisions of the
                                                          Constitution concerning the Staff Constituency or the
                                                          classes of the Staff Constituency unless it has also
                                                          been approved by a majority of the members of all of
                                                          the classes of the Staff Constituency as may have voted
                                                          at a members’ meeting.
Appendix 1.3




                   ________________________________________________

                                        CONSTITUTION OF

                      BLACKPOOL FYLDE AND WYRE HOSPITALS
                            NHS FOUNDATION TRUST

                                 (A PUBLIC BENEFIT CORPORATION)

                  _________________________________________________




Corp:2504543:1 2 February 2007              Page 1 of 79
         Constitution of Blackpool Fylde and Wyre Hospitals NHS
                             Foundation Trust




                                             TABLE OF CONTENTS


Paragraph                                                                                                          Page

1.             Name .....................................................................................................4
2.             Principal purpose ...................................................................................4
3.             Powers...................................................................................................4
4.             Membership and constituencies ............................................................4
5.             Application for membership ...................................................................4
6.             Public constituency ................................................................................4
7.             Staff constituency ..................................................................................5
8.             Restriction on membership ....................................................................6
9.             Council of Governors – composition ......................................................6
10.            Council of Governors – election of governors........................................6
11.            Council of Governors – tenure..............................................................7
12.            Council of Governors – disqualification and removal ............................7
13.            Council of Governors – meeting of governors .......................................8
14.            Council of Governors – standing orders ................................................8
15.            Council of Governors – conflicts of interest of governors.......................8
16.            Council of Governors – travel expenses ................................................9
17.            Council of Governors – further provisions..............................................9
18.            Board of Directors – composition...........................................................10
19.            Board of Directors – qualification for appointment as non-executive .....10
20.            Board of Directors – appointment and removal .....................................10
21.            Board of Directors – appointment of initial chairman etc........................11
22.            Board of Directors – appointment of deputy chairman...........................11
23.            Board of Directors – appointment and removal .....................................11
24.            Board of Directors – appointment and removal of initial Chief Executive12
25.            Board of Directors – disqualification ......................................................12
26.            Board of Directors – standing orders .....................................................12
27.            Board of Directors – conflicts of interest of directors .............................13
28.            Board of Directors – remuneration and terms of office ..........................13
29.            Registers ...............................................................................................14
30.            Admission to and removal from the registers.........................................14
31.            Registers – inspection and copies .........................................................14
32.            Documents available for public inspection.............................................15
33.            Auditor ...................................................................................................15
34.            Audit committee .....................................................................................15
35.            Annual accounts ....................................................................................16
36.            Annual report and forward plans............................................................16
37.            Meeting of Council of Governors to consider annual accounts and
               reports ...................................................................................................16
38.            Instruments............................................................................................16


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39.            Amendment of the Constitution .............................................................17
40.            Mergers .................................................................................................17
41.            Interpretation and definitions .................................................................17


Paragraph                                                                                                        Page

ANNEX 1 – THE PUBLIC CONSTITUENCY ......................................................20
ANNEX 2 – THE STAFF CONSTITUENCY ........................................................21
ANNEX 3 – COMPOSITION OF BOARD OF GOVERNORS .............................22
ANNEX 4 – THE MODEL RULES FOR ELECTIONS .........................................24
ANNEX 5 – ADDITIONAL PROVISIONS – COUNCIL OF GOVERNORS..........51
ANNEX 6 – ADDITIONAL PROVISIONS – BOARD OF DIRECTORS ...............56
ANNEX 7 – STANDING ORDERS – COUNCIL OF GOVERNORS....................60
ANNEX 8 – STANDING ORDERS – BOARD OF DIRECTORS .........................67
ANNEX 9 – ADDITIONAL PROVISIONS – MEMBERS ......................................68
ANNEX 10 – FURTHER PROVISIONS ..............................................................73




Corp:2504543:1 2 February 2007                         Page 3 of 79
1.          Name

The name of the foundation trust is Blackpool Fylde and Wyre Hospitals NHS
Foundation Trust (“the Foundation Trust”).

2.          Principal purpose

The principal purpose of the Foundation Trust is the provision of goods and
services for the purposes of the health service in England.

3.          Powers

            3.1         The powers of the Foundation Trust are set out in the 2003 Act,
                        subject to any restrictions in the terms of Authorisation.

            3.2         The powers of the Foundation Trust shall be exercised by the Board
                        of Directors on behalf of the Foundation Trust.

            3.3         Any of these powers may be delegated to a committee of directors
                        or to an executive director.

4.          Membership and constituencies

The Foundation Trust shall have members, each of whom shall be a member of
one of the following constituencies:

            4.1         a public constituency; and

            4.2         a staff constituency

            Further provisions as to members meetings are set out in Annex 9.

5.          Application for membership

An individual who is eligible to become a member of the Foundation Trust may do
so on application to the Foundation Trust.

6.          Public Constituency

            6.1         An individual who lives in an area specified in Annex 1 as an area
                        for a public constituency may become or continue as a member of
                        the Foundation Trust.

            6.2         Those individuals who live in an area specified in an area for any
                        public constituency are referred to collectively as the Public
                        Constituency.

            6.3         The minimum number of members in each area for the Public
                        Constituency is specified in Annex 1.




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7.          Staff Constituency

            7.1         An individual who is employed by the Foundation Trust under a
                        contract of employment with the Foundation Trust may become or
                        continue as a member of the Foundation Trust provided:

                        7.1.1     he is employed by the Foundation Trust under a contract
                                  of employment which has no fixed term or has a fixed
                                  term of at least 12 months; or

                        7.1.2     he has been continuously employed by the Foundation
                                  Trust under a contract of employment for at least 12
                                  months.

            7.2         Individuals who exercise functions for the purposes of the
                        Foundation Trust, otherwise than under a contract of employment
                        with the Foundation Trust, may become or continue as members of
                        the staff constituency provided such individuals have exercised
                        these functions continuously for a period of at least 12 months. For
                        the avoidance of doubt this does not include individuals who assist
                        or provide services to the Foundation Trust on a voluntary basis.

            7.3         Those individuals who are eligible for membership of the Foundation
                        Trust by reason of the previous provisions are referred to collectively
                        as the Staff Constituency.

            7.4         The Staff Constituency shall be divided into four descriptions of
                        individuals who are eligible for membership of the Staff
                        Constituency, each description of individuals being specified within
                        Annex 2 and being referred to as a class within the Staff
                        Constituency.

            7.5         The minimum number of members in each class of the Staff
                        Constituency is specified in Annex 2.

            7.6         The Secretary shall make a final decision about the class of which
                        an individual is eligible to be a member.

            Automatic membership by default – staff

            7.7         An individual who is:

                        7.7.1     eligible to become a member of the Staff Constituency,
                                  and

                        7.7.2     invited by the Foundation Trust to become a member of
                                  the Staff Constituency and a member of the appropriate
                                  class within the Staff Constituency,

                        shall become a member of the Foundation Trust as a member of the
                        Staff Constituency and appropriate class within the Staff



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                        Constituency without an application being made, unless he informs
                        the Foundation Trust that he does not wish to do so.

8.          Restriction on membership

            8.1         An individual who is a member of a constituency, or of a class within
                        a constituency, may not while membership of that constituency or
                        class continues, be a member of any other constituency or class.

            8.2         An individual who satisfies the criteria for membership of the Staff
                        Constituency may not become or continue as a member of any
                        constituency other than the Staff Constituency.

            8.3         Further provisions as to the circumstances in which an individual
                        may not become or continue as a member of the Foundation Trust
                        are set out in Annex 9.

9.          Council of Governors – composition

            9.1         The Foundation Trust is to have a Council of Governors, which shall
                        comprise both elected and appointed Governors.

            9.2         The composition of the Council of Governors is specified in Annex 3.

            9.3         The members of the Council of Governors, other than the appointed
                        members, shall be chosen by election by their constituency or,
                        where there are classes within a constituency, by their class within
                        that constituency. The number of Governors to be elected by each
                        constituency, or, where appropriate, by each class of each
                        constituency, is specified in Annex 3.

10.         Council of Governors – election of governors

            10.1        Elections for elected members of the Council of Governors shall be
                        conducted in accordance with the Model Rules for Elections, as may
                        be varied from time to time. The Board of Directors will decide
                        which of the two voting methods set out in the Model Rules for
                        Elections is to be used.

            10.2        The Model Rules for Elections, as may be varied from time to time,
                        form part of this constitution and are attached at Annex 4.

            10.3        A variation of the Model Rules by the Department of Health shall not
                        constitute a variation of the terms of this constitution. For the
                        avoidance of doubt, the Foundation Trust cannot amend the Model
                        Rules.

            10.4        An election, if contested, shall be by secret ballot.




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11.         Council of Governors - tenure

            11.1        An elected Governor shall normally hold office for a period of 3
                        years commencing immediately after the annual members meeting
                        at which his election is announced.

            11.2        An elected Governor shall cease to hold office if he ceases to be a
                        member of the constituency or class by which he was elected.

            11.3        An elected Governor shall be eligible for re-election at the end of his
                        term.

            11.4        An elected Governor may not hold office for more than six
                        consecutive years, and shall not be eligible for re-election if he has
                        already held office for more than three consecutive years.

            11.5        For the purposes of these provisions concerning terms of office for
                        elected Governors, “year” means a period commencing immediately
                        after the conclusion of the annual members meeting, and ending at
                        the conclusion of the next annual members meeting.

            11.6        Further provisions as to tenure for appointed Governors are set out
                        at Annex 5.

12.         Council of Governors – disqualification and removal

            12.1        The following may not become or continue as a member of the
                        Council of Governors:

                        12.1.1    a person who has been adjudged bankrupt or whose
                                  estate has been sequestrated and (in either case) has not
                                  been discharged;

                        12.1.2    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;

                        12.1.3    a person who within the preceding five 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 months (without the option of a fine)
                                  was imposed on him.

            12.2        Governors must be at least 16 years of age at the date they are
                        nominated for election or appointment.

            12.3        Further provisions as to the circumstances in which an individual
                        may not become or continue as a member of the Council of
                        Governors are set out in Annex 5.




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13.         Council of Governors – meetings of Governors

            13.1        The Chairman of the Foundation Trust (i.e. the Chairman of the
                        Board of Directors, appointed in accordance with the provisions of
                        paragraph 20.1 or paragraph 21.1 below) or, in his absence the
                        Deputy Chairman (appointed in accordance with the provisions of
                        paragraph 22 below) or, in his absence, one of the non-executive
                        directors, shall preside at meetings of the Council of Governors. If
                        the person presiding at any such meeting has a conflict of interest in
                        relation to the business being discussed, the Council of Governors
                        shall appoint one of the Public Governors to chair that part of the
                        meeting.

            13.2        Meetings of the Council of Governors shall be open to members of
                        the public unless the Council of Governors decides otherwise in
                        relation to all or part of a meeting for reasons of commercial
                        confidentiality or on other proper grounds. Members of the public
                        may be excluded from a meeting if they are interfering with or
                        preventing the proper conduct of the meeting or for other special
                        reasons.

14.         Council of Governors – standing orders

The standing orders for the practice and procedure of the Council of Governors,
as may be varied from time to time by the Council of Governors, are attached at
Annex 7.

15.         Council of Governors - conflicts of interest of Governors

            15.1        Members of the Council of Governors shall disclose to the Council of
                        Governors any material interests (as defined below) held by a
                        Governor, their spouse or partner, which shall be recorded in the
                        register of interests of Governors.

            15.2        Subject to the exceptions below a material interest is:

                        15.2.1    any directorship of a company;

                        15.2.2    any interest or position in any firm, company, business or
                                  organisation (including any charitable or voluntary
                                  organisation) which has or is likely to have a trading or
                                  commercial relationship with the Foundation Trust;

                        15.2.3    any interest in an organisation providing health and social
                                  care services to the National Health Service;

                        15.2.4    a position of authority in a charity or voluntary organisation
                                  in the field of health and social care;

                        15.2.5    any connection with any organisation, entity or company
                                  considering entering into a financial arrangement with the



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                                  Foundation Trust including but not limited to lenders or
                                  banks.

            15.3        The exceptions which shall not be treated as interests or material
                        interests for the purposes of these provisions are as follows:

                        15.3.1    shares not exceeding 2% of the total shares in issue held
                                  in any company whose shares are listed on any public
                                  exchange;

                        15.3.2    an employment contract with the Foundation Trust held by
                                  a Staff Governor;

                        15.3.3    an employment contract with a PCT held by a PCT
                                  Governor;

                        15.3.4    an employment contract with a local authority held by a
                                  Local Authority Governor;

                        15.3.5    an employment contract with or other position of authority
                                  within a partnership organisation held by a Partnership
                                  Governor.

            15.4        Any Governor who has an interest in a matter to be considered by
                        the Council of Governors (whether because the matter involves a
                        firm, company, business or organisation in which the Governor or
                        his spouse or partner has a material interest or otherwise) shall
                        declare such interest to the Council of Governors and:

                        15.4.1    shall withdraw from the meeting and play no part in the
                                  relevant discussion or decision; and

                        15.4.2    shall not vote on the issue (and if by inadvertence they do
                                  remain and vote, their vote shall not be counted).

            15.5        Details of any such interest shall be recorded in the register of
                        interests of Governors.

            15.6        Any Governor who fails to disclose any interest or material interest
                        required to be disclosed under these provisions must permanently
                        vacate their office if required to do so by a majority of the remaining
                        Governors.

16.         Council of Governors – travel expenses

The Foundation Trust may pay travelling and other expenses to members of the
Council of Governors at rates determined by the Foundation Trust.

17.         Council of Governors – further provisions

Further provisions with respect to the Council of Governors are set out in Annex 5.



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18.         Board of Directors – composition

            18.1        The Foundation Trust is to have a Board of Directors, which shall
                        comprise both executive and non-executive directors.

            18.2        The Board of Directors is to comprise:

                        18.2.1    a non-executive Chairman

                        18.2.2    not less than five but not more than seven other non-
                                  executive directors; and

                        18.2.3    not less than five but not more than seven executive
                                  directors;

                        provided that the aggregate number of non-executive directors
                        (excluding the Chairman) shall not be less than the aggregate
                        number of executive directors.

            18.3        One of the executive directors shall be the Chief Executive.

            18.4        The Chief Executive shall be the Accounting Officer.

            18.5        One of the executive directors shall be the finance director.

            18.6        One of the executive directors is to be a registered medical
                        practitioner or a registered dentist (within the meaning of the
                        Dentists Act 1984).

            18.7        One of the executive directors is to be a registered nurse or a
                        registered midwife.

19.         Board of Directors – qualification for appointment as a non-executive
            director

            A person may be appointed as a non-executive director only if –

            19.1        he is a member of the Public Constituency, or

            19.2        where any of the Foundation Trust’s hospitals includes a medical or
                        dental school provided by a university, he exercises functions for the
                        purposes of that university, and

            19.3        he is not disqualified by virtue of paragraph 25 below or Annex 6.

20.         Board of Directors – appointment and removal of Chairman and other
            non-executive directors

            20.1        The Council of Governors at a general meeting of the Council of
                        Governors shall appoint or remove the chairman of the Foundation
                        Trust and the other non-executive directors.




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            20.2        Removal of the Chairman or another non-executive director shall
                        require the approval of three-quarters of the members of the Council
                        of Governors.

            20.3        The initial Chairman and the initial non-executive directors are to be
                        appointed in accordance with paragraph 21 below.

            20.4        Further provisions as to the appointment and removal of the
                        Chairman and other non-executive directors are set out at Annex 6.

21.         Board of Directors – appointment of initial chairman and initial other
            non-executive directors

            21.1        The Chairman of the applicant NHS Trust shall be appointed as the
                        initial Chairman of the Foundation Trust if he wishes to be
                        appointed.

            21.2        The power of the Council of Governors to appoint the other non-
                        executive directors of the Foundation Trust is to be exercised, so far
                        as possible, by appointing as the initial non-executive directors of
                        the Foundation Trust any of the non-executive directors of the
                        applicant NHS Trust (other than the Chairman) who wish to be
                        appointed.

            21.3        The criteria for qualification for appointment as a non-executive
                        director set out in paragraph 19 above (other than disqualification by
                        virtue of paragraph 25 below or Annex 6) do not apply to the
                        appointment of the initial Chairman and the initial other non-
                        executive directors in accordance with the procedures set out in this
                        paragraph.

            21.4        An individual appointed as the initial Chairman or as an initial non-
                        executive director in accordance with the provisions of this
                        paragraph shall be appointed for the unexpired period of his term of
                        office as Chairman or (as the case may be) non-executive director of
                        the applicant NHS Trust; but if, on appointment, that period is less
                        than 12 months, he shall be appointed for 12 months.

22.         Board of Directors – appointment of Deputy Chairman

The Council of Governors at a general meeting of the Council of Governors shall
appoint one of the non-executive directors as a Deputy Chairman. If the
Chairman is unable to discharge his office as Chairman of the Foundation Trust
the Deputy Chairman of the Board of Directors shall be acting Chairman of the
Foundation Trust.

23.         Board of Directors - appointment and removal of the Chief Executive
            and other executive directors

            23.1        The non-executive directors shall appoint or remove the Chief
                        Executive.



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            23.2        The appointment of the Chief Executive shall require the approval of
                        the Council of Governors.

            23.3        The initial Chief Executive is to be appointed in accordance with
                        paragraph 24 below.

            23.4        A committee consisting of the Chairman, the Chief Executive and
                        the other non-executive directors shall appoint or remove the other
                        executive directors.

            23.5        The Chief Executive shall appoint one of the executive directors as
                        Deputy Chief Executive, subject to the approval of the Board of
                        Directors.

24.         Board of Directors – appointment and removal of initial Chief
            Executive

            24.1        The chief officer of the applicant NHS Trust shall be appointed as
                        the initial Chief Executive of the Foundation Trust if he wishes to be
                        appointed.

            24.2        The appointment of the chief officer of the applicant NHS trust as the
                        initial Chief Executive of the Foundation Trust shall not require the
                        approval of the Council of Governors.

25.         Board of Directors – disqualification

The following may not become or continue as a member of the Board of Directors:

            25.1        a person who has been adjudged bankrupt or whose estate has
                        been sequestrated and (in either case) has not been discharged.

            25.2        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.

            25.3        a person who within the preceding five 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
                        months (without the option of a fine) was imposed on him.

            Further provisions as to the circumstances in which an individual may not
            become or continue as a member of the Board of Directors are set out at
            Annex 6.

26.         Board of Directors – standing orders

The standing orders for the practice and procedure of the Board of Directors, as
may be varied from time to time by the Board of Directors, are attached at
Annex 8.




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27.         Board of Directors - conflicts of interest of directors

            27.1        Members of the Board of Directors shall disclose to the Board of
                        Directors any material interests (as defined below) held by a
                        Director, their spouse or partner, which shall be recorded in the
                        register of interests of the Directors.

            27.2        A material interest is:

                        27.2.1     any interest (excluding a holding of shares in a company
                                   whose shares are listed on any public exchange where
                                   the holding is less than 2% of the total shares in issue) or
                                   position held by a Director in any firm, company or
                                   business which has or is likely to have a trading or
                                   commercial relationship with the Foundation Trust;

                        27.2.2     any interest in an organisation providing health and social
                                   care services to the National Health Service;

                        27.2.3     a position of authority in a charity or voluntary organisation
                                   in the field of health and social care;

                        27.2.4     any connection with any organisation, entity or company
                                   considering entering into a financial arrangement with the
                                   Foundation Trust including but not limited to lenders or
                                   banks.

            27.3        Any Director who has an interest in a matter to be considered by the
                        Board of Directors (whether because the matter involves a firm,
                        company, business or organisation in which the Director or his
                        spouse or partner has a material interest or otherwise) shall declare
                        such interest to the Board of Directors and:

                        27.3.1     shall withdraw from the meeting and play no part in the
                                   relevant discussion or decision; and

                        27.3.2     shall not vote on the issue (and if by inadvertence they do
                                   remain and vote, their vote shall not be counted).

            27.4        Details of any such interest shall be recorded in the register of
                        interests of the Directors.

            27.5        Any Director who fails to disclose any interest or material interest
                        required to be disclosed under these provisions must permanently
                        vacate their office if required to do so by a majority of the remaining
                        Directors and (in the case of a non-executive Director) by a majority
                        of the Council of Governors.

28.         Board of Directors – remuneration and terms of office

            28.1        The Council of Governors at a general meeting of the Council of
                        Governors shall decide the remuneration and allowances, and the


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                        other terms and conditions of office, of the Chairman and the other
                        non-executive directors.

            28.2        The Foundation Trust shall establish a committee of non-executive
                        directors to decide the remuneration and allowances, and the other
                        terms and conditions of office, of the Chief Executive and other
                        executive directors.

29.         Registers

The Foundation Trust shall have:

            29.1        a register of members showing, in respect of each member, the
                        constituency to which he belongs and, where there are classes
                        within it, the class to which he belongs;

            29.2        a register of members of the Council of Governors;

            29.3        a register of interests of governors;

            29.4        a register of directors; and

            29.5        a register of interests of the directors.

30.         Admission to and removal from the registers

            30.1        The Secretary shall remove from the register of members the name
                        of any member who ceases to be entitled to be a member under the
                        provisions of this constitution.

            30.2        The Secretary is to send to Monitor a list of persons who were first
                        elected or appointed as Governors and Directors.

31.         Registers – inspection and copies

            31.1        The Foundation Trust shall make the registers specified in
                        paragraph 29 above available for inspection by members of the
                        public, except in the circumstances set out below or as otherwise
                        prescribed by regulations.

            31.2        The Foundation Trust shall not make any part of its registers
                        available for inspection by members of the public which shows
                        details of any member of the Foundation Trust, if the member so
                        requests.

            31.3        So far as the registers are required to be made available:

                        31.3.1     they are to be available for inspection free of charge at all
                                   reasonable times; and

                        31.3.2     a person who requests a copy of or extract from the
                                   registers is to be provided with a copy or extract.



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            31.4        If the person requesting a copy or extract is not a member of the
                        Foundation Trust, the Foundation Trust may impose a reasonable
                        charge for doing so.

32.         Documents available for public inspection

            32.1        The Foundation Trust shall make the following documents available
                        for inspection by members of the public free of charge at all
                        reasonable times:

                        32.1.1    a copy of the current constitution;

                        32.1.2    a copy of the current authorisation;

                        32.1.3    a copy of the latest annual accounts and of any report of
                                  the auditor on them;

                        32.1.4    a copy of the latest annual report;

                        32.1.5    a copy of the latest information as to its forward planning;

                        32.1.6    a copy of any notice given under section 23 of the 2003
                                  Act;

                        32.1.7    a copy of the Foundation Trust’s membership strategy;

                        32.1.8    a copy of the Foundation Trust’s policy for the composition
                                  of the Council of Governors and of the non-executive
                                  directors.

            32.2        Any person who requests a copy of or extract from any of the above
                        documents is to be provided with a copy or extract.

            32.3        If the person requesting a copy or extract is not a member of the
                        Foundation Trust, the Foundation Trust may impose a reasonable
                        charge for doing so.

33.         Auditor

            33.1        The Foundation Trust shall have an auditor.

            33.2        The Council of Governors shall appoint or remove the auditor at a
                        general meeting of the Council of Governors.

            33.3        Further provisions as to the auditor and other external auditors are
                        set out at Annex 10.

34.         Audit committee

The Foundation Trust shall establish a committee of non-executive directors as an
audit committee to perform such monitoring, reviewing and other functions as are
appropriate.



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35.         Accounts

            35.1        The Foundation Trust shall keep accounts in such form as Monitor
                        may with the approval of HM Treasury direct.

            35.2        The accounts are to be audited by the Foundation Trust’s auditor.

            35.3        The Foundation Trust shall prepare in respect of each Financial
                        Year annual accounts in such form as Monitor may with the approval
                        of the HM Treasury direct.

            35.4        The functions of the Foundation Trust with respect to the preparation
                        of the annual accounts shall be delegated to the Accounting Officer.

            35.5        Further provisions as to accounts are set out at Annex 10.

36.         Annual report and forward plans

            36.1        The Foundation Trust shall prepare an Annual Report and send it to
                        Monitor. Further provisions as to Annual Reports are set out at
                        Annex 10.

            36.2        The Foundation Trust shall give information as to its forward
                        planning in respect of each Financial Year to Monitor.

            36.3        The document containing the information with respect to forward
                        planning (referred to above) shall be prepared by the directors.

            36.4        In preparing the document, the directors shall have regard to the
                        views of the Council of Governors.

37.         Meeting of Council of Governors to consider annual accounts and
            reports

The following documents are to be presented to the Council of Governors at a
general meeting of the Council of Governors:

            37.1        the annual accounts

            37.2        any report of the auditor on them

            37.3        the annual report.

38.         Instruments

            38.1        The Foundation Trust shall have a seal.

            38.2        The seal shall not be affixed except under the authority of the Board
                        of Directors.




Corp:2504543:1 2 February 2007                Page 16 of 79
39.         Amendment of the constitution

            39.1        No amendment shall be made to this constitution (including its
                        Annexes, save as otherwise specified) unless:

                        39.1.1    it has been approved by a majority of members of the
                                  Foundation Trust present and voting at a members
                                  meeting duly called by order of the Council of Governors
                                  in accordance with this constitution; and

                        39.1.2    it has been approved by Monitor.

            39.2        No amendment shall be made to the provisions of this constitution
                        concerning the Public Constituency unless it has also been
                        approved by a majority of the members of the Public Constituency
                        as may have voted at the members meeting.

            39.3        No amendment shall be made to the provisions of this constitution
                        concerning the Staff Constituency or the classes of the Staff
                        Constituency unless it has also been approved by a majority of the
                        members of all of the classes of the Staff Constituency as may have
                        voted at the members meeting.

40.         Mergers

            The Foundation Trust may in accordance with section 27 of the 2003 Act
            apply to Monitor jointly with another NHS Foundation Trust or an NHS
            Trust for authorisation of the dissolution of the Foundation Trust and the
            transfer of some or all of their property and liabilities to a new NHS
            Foundation Trust established under that section. Such application shall
            only be made if it is approved by a majority of members of the Foundation
            Trust present and voting at a members meeting duly called by order of the
            Council of Governors in accordance with this constitution.

41.         Interpretation and definitions

Unless a contrary intention is evident or the context requires otherwise, words or
expressions contained in this constitution shall bear the same meaning as in the
Health and Social Care (Community Health and Standards) Act 2003.

Headings are for ease of reference only and are not to affect interpretation.

Words importing the masculine gender only shall include the feminine gender;
words importing the singular shall import the plural and vice-versa.



 “the Accounting Officer”                      means the person who from time to time
                                               discharges the functions specified in paragraph
                                               25(5) of Schedule 1 to the 2003 Act;




Corp:2504543:1 2 February 2007               Page 17 of 79
 “appointed Governors”            means those Governors appointed by the
                                  appointing organisations;

 “appointing organisations”       means those organisations named in this
                                  constitution who are entitled to appoint
                                  Governors;

 “Director”                       means a member of the Board of Directors;

 “elected Governors”               means those Governors elected by the Public
                                   constituency and the classes of the Staff
                                   Constituency;

 “Financial year”                  means:

                                   (a)           the period beginning with the date on
                                                 which the Foundation Trust is authorised
                                                 and ending with the next 31 March; and

                                   (b)           each successive period of twelve months
                                                 beginning with 1 April;

 “Local Authority Governor”        means a Governor appointed by one or more
                                   local authorities whose area includes the whole
                                   or part of one of an area for a public
                                   constituency of the Foundation Trust;

 “Monitor”                        means the Independent Regulator of NHS
                                  Foundation Trusts, established under Section 2
                                  of the 2003 Act;

 “partner”                        means, in relation to another person, a member
                                  of the same household living together as a
                                  family unit;

 “Partnership Governor”           means a Governor appointed by a partnership
                                  organisation;

 “PCT Governor”                    means a Governor appointed by a Primary Care
                                   Trust for which the Foundation Trust provides
                                   goods or services;

 “Public Governor”                means a Governor elected by the members of
                                  one of the areas of the Public Constituency;

 “Secretary”                      means the Secretary of the Foundation Trust or
                                  any other person appointed to perform the
                                  duties of the Secretary, including a joint,
                                  assistant or deputy secretary;




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 “Staff Governor”                  means a Governor elected by the members of
                                   one of the classes of the Staff Constituency;

 “terms of Authorisation”          means the terms of authorisation issued by
                                   Monitor under Section 6 of the 2003 Act;

 “the 2003 Act”                   means the Health and Social Care (Community
                                  Health and Standards) Act 2003;



 “voluntary organisation”         means a body, other than a public or local
                                  authority, the activities of which are not carried
                                  on for profit;




Corp:2504543:1 2 February 2007   Page 19 of 79
                                 ANNEX 1 – THE PUBLIC CONSTITUENCY
                                        (Paragraphs 6.1 and 6.3)


The areas are as follows:-
Borough of Blackpool
Borough of Fylde
Borough of Wyre
Lancashire and Cumbria


The minimum number of members of each of the areas of the Public Constituency
is to be four




Corp:2504543:1 2 February 2007               Page 20 of 79
                                 ANNEX 2 – THE STAFF CONSTITUENCY

                                       (Paragraphs 7.4 and 7.5)

The classes are as follows:-

Nursing and Midwifery

Medical and dental

Clinical Support

Non clinical support (admin, clerical, estates and facilities)




The minimum number of members of each class of the Staff Constituency is to be
four




Corp:2504543:1 2 February 2007               Page 21 of 79
                  ANNEX 3 – COMPOSITION OF COUNCIL OF GOVERNORS

                                       (Paragraphs 9.2 and 9.3)



1           The aggregate number of Public Governors is to be more than half of the
            total number of members of the Council of Governors.

2           The Council of Governors, subject to the 2003 Act, shall seek to ensure
            that through the composition of the Council of Governors:

            2.1         the interests of the community served by the Foundation Trust are
                        appropriately represented;

            2.2         the level of representation of the Public Constituency, the classes of
                        the Staff Constituency and the appointing organisations strikes an
                        appropriate balance having regard to their legitimate interest in the
                        Foundation Trust’s affairs;

            and to this end, the Council of Governors:

            2.3         shall at all times maintain a policy for the composition of the Council
                        of Governors which takes account of the membership strategy, and

            2.4         shall from time to time and not less than every three years review
                        the policy for the composition of the Council of Governors, and

            2.5         when appropriate shall propose amendments to this constitution.

3           The Council of Governors of the Foundation Trust is to comprise:

            3.1         sixteen Public Governors from the following areas of the Public
                        Constituency:

                        3.1.1     Borough of Blackpool – eight Public Governors

                        3.1.2     Borough of Fylde – three Public Governors

                        3.1.3     Borough of Wyre – four Public Governors

                        3.1.4     Lancashire and Cumbria - one Public Governor

            3.2         Five Staff Governors from the following classes;

                        3.2.1     Nursing and midwifery - two Staff Governors

                        3.2.2     Medical and dental - one Staff Governors

                        3.2.3     Clinical support - one Staff Governor

                        3.2.4     Non clinical support (admin, clerical, estates and facilities)
                                  - one Staff Governors


Corp:2504543:1 2 February 2007                 Page 22 of 79
            3.3         two PCT Governors are to be appointed, one by Blackpool PCT and
                        one by North Lancashire PCT;

            3.4         two Local Authority Governors are to be appointed, one by
                        Blackpool Borough Council, and one by Lancashire County Council;

            3.5         six Partnership Governors to be appointed by partnership
                        organisations.

4           The partnership organisations that may appoint a Partnership Governor
            are:

            4.1         ReBlackpool;

            4.2         the Foundation Trust’s Patients Forum;

            4.3         Blackpool Council for Voluntary Services;

            4.4         Lancashire Business Link;

            4.5         Lancashire Care Trust;

            4.6         University of Central Lancashire.




Corp:2504543:1 2 February 2007                Page 23 of 79
                          ANNEX 4 –THE MODEL RULES FOR ELECTIONS

                                      (Paragraph 10.2)

Part 1 – Interpretation
1. Interpretation

Part 2 – Timetable for election
2. Timetable
3. Computation of time

Part 3 – Returning officer
4. Returning officer
5. Staff
6. Expenditure
7. Duty of co-operation

Part 4 - Stages common to contested and uncontested elections
8. Notice of election
9. Nomination of candidates
10. Candidate’s consent and particulars
11. Declaration of interests
12. Declaration of eligibility
13. Signature of candidate
14. Decisions as to validity of nomination papers
15. Publication of statement of nominated candidates
16. Inspection of statement of nominated candidates and nomination papers
17. Withdrawal of candidates
18. Method of election

Part 5 – Contested elections
19. Poll to be taken by ballot
20. The ballot paper
21. The declaration of identity
Action to be taken before the poll
22. List of eligible voters
23. Notice of poll
24. Issue of voting documents
25. Ballot paper envelope and covering envelope
The poll
26. Eligibility to vote
27. Voting by persons who require assistance
28. Spoilt ballot papers
29. Lost ballot papers


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30. Issue of replacement ballot paper
31. Declaration of identity for replacement ballot papers
Procedure for receipt of envelopes
32. Receipt of voting documents
33. Validity of ballot paper
34. Declaration of identity but no ballot paper
35. Sealing of packets

Part 6 - Counting the votes
stv36. Interpretation of Part 6
37. Arrangements for counting of the votes
38. The count
stv39. Rejected ballot papers
fpp39. Rejected ballot papers
stv40. First stage
stv41. The quota
stv42. Transfer of votes
stv43. Supplementary provisions on transfer
stv44. Exclusion of candidates
stv45. Filling of last vacancies
stv46. Order of election of candidates
fpp46. Equality of votes

Part 7 – Final proceedings in contested and uncontested elections
fpp47. Declaration of result for contested elections
stv47. Declaration of result for contested elections
48. Declaration of result for uncontested elections

Part 8 – Disposal of documents
49. Sealing up of documents relating to the poll
50. Delivery of documents
51. Forwarding of documents received after close of the poll
52. Retention and public inspection of documents
53. Application for inspection of certain documents relating to election

Part 9 – Death of a candidate during a contested election
fpp54. Countermand or abandonment of poll on death of candidate
stv54. Countermand or abandonment of poll on death of candidate

Part 10 – Election expenses and publicity
Expenses
55. Expenses incurred by candidates
56. Expenses incurred by other persons
57. Personal, traveling, and administrative expenses


Corp:2504543:1 2 February 2007      Page 25 of 79
Publicity
58. Publicity about election by the corporation
59. Information about candidates for inclusion with voting documents
60. Meaning of “for the purposes of an election”

Part 11 – Questioning elections and irregularities
61. Application to question an election

Part 12 – Miscellaneous
62. Secrecy
63. Prohibition of disclosure of vote
64 Disqualification
65 Delay in postal service through industrial action or unforeseen event

Part 1 – Interpretation

1. Interpretation
      1) In these rules, unless the context otherwise requires -
         “corporation” means the public benefit corporation subject to this
         Constitution;
         “election” means an election by a constituency, or by a class within a
         constituency, to fill a vacancy among one or more posts on the Council of
         Governors;
         “the regulator” means the Independent Regulator for NHS foundation
         trusts; and
         “the 2003 Act” means the Health and Social Care (Community Health and
         Standards) Act 2003.
      2) Other expressions used in these rules and in Schedule 1 to the Health and
         Social Care (Community Health and Standards) Act 2003 have the same
         meaning in these rules as in that Schedule.

Part 2 – Timetable for election

2. Timetable - The proceedings at an election shall be conducted in accordance
with the following timetable.

 Proceeding                                          Time
 Publication of notice of election                   Not later than the fortieth day before
                                                     the day of the close of the poll.
 Final day for delivery of nomination                Not later than the twenty-eighth day
 papers to returning officer                         before the day of the close of the poll.
 Publication of statement of nominated               Not later than the twenty-seventh day
 candidates                                          before the day of the close of the poll.
 Final day for delivery of notices of                Not later than twenty-fifth day before
 withdrawals by candidates from                      the day of the close of the poll.
 election
 Notice of the poll                                  Not later than the fifteenth day before
                                                     the day of the close of the poll.


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 Close of the poll                                   By 5.00pm on the final day of the
                                                     election


3. Computation of time
1) In computing any period of time for the purposes of the timetable -
       (a) a Saturday or Sunday;
       (b) Christmas day, Good Friday, or a bank holiday, or
       (c) a day appointed for public thanksgiving or mourning,
           shall be disregarded, and any such day shall not be treated as a day for
           the purpose of any proceedings up to the completion of the poll, nor
           shall the returning officer be obliged to proceed with the counting of
           votes on such a day.
2) In this rule, “bank holiday” means a day which is a bank holiday under the
       Banking and Financial Dealings Act 1971 in England and Wales.

Part 3 – Returning officer

4. Returning officer
1) Subject to rule 64, the returning officer for an election is to be appointed by the
    corporation.
2) Where two or more elections are to be held concurrently, the same returning
    officer may be appointed for all those elections.

5. Staff – Subject to rule 64, the returning officer may appoint and pay such staff,
including such technical advisers, as he or she considers necessary for the
purposes of the election.

6. Expenditure - The corporation is to pay the returning officer –
      (a) any expenses incurred by that officer in the exercise of his or her
          functions under these rules,
      (b) such remuneration and other expenses as the corporation may
          determine.

7. Duty of co-operation – The corporation is to co-operate with the returning
officer in the exercise of his or her functions under these rules.

Part 4 - Stages Common to Contested and Uncontested Elections

8. Notice of election – The returning officer is to publish a notice of the election
stating:
       (a) the constituency, or class within a constituency, for which the election is
           being held,
       (b) the number of members of the Council of Governors to be elected from
           that constituency, or class within that constituency,
       (c) the details of any nomination committee that has been established by
           the corporation,
       (d) the address and times at which nomination papers may be obtained;
       (e) the address for return of nomination papers and the date and time by
           which they must be received by the returning officer,



Corp:2504543:1 2 February 2007       Page 27 of 79
            (f) the date and time by which any notice of withdrawal must be received by
                 the returning officer
            (g) the contact details of the returning officer, and
            (h) the date and time of the close of the poll in the event of a contest.

9. Nomination of candidates
(1) Each candidate must nominate themselves on a single nomination paper.
(2) The returning officer-
       (a) is to supply any member of the corporation with a nomination paper,
and
       (b) is to prepare a nomination paper for signature at the request of any
           member of the corporation, but it is not necessary for a nomination to
           be on a form supplied by the returning officer.

10. Candidate’s particulars
(1) The nomination paper must state the candidate’s -
       (a) full name,
       (b) contact address in full, and
       (c) constituency, or class within a constituency, of which the candidate is a
           member.

11. Declaration of interests – The nomination paper must state –
      (a) any financial interest that the candidate has in the corporation, and
      (b) whether the candidate is a member of a political party, and if so, which
          party, and if the candidate has no such interests, the paper must
          include a statement to that effect.

12. Declaration of eligibility – The nomination paper must include a declaration
made by the candidate–
      (a) that he or she is not prevented from being a member of the Council of
          Governors by paragraph 8 of Schedule 1 of the 2003 Act or by any
          provision of the Constitution; and,
      (b) for a member of the public or patient constituency, of the particulars of
          his or her qualification to vote as a member of that constituency, or
          class within that constituency, for which the election is being held.

13. Signature of candidate – The nomination paper must be signed and dated
by the candidate, indicating that –
       (a) they wish to stand as a candidate,
       (b) their declaration of interests as required under rule 11, is true and
           correct, and
       (c) their declaration of eligibility, as required under rule 12, is true and
           correct.

14. Decisions as to the validity of nomination

1)          Where a nomination paper is received by the returning officer in
            accordance with these rules, the candidate is deemed to stand for election
            unless and until the returning officer-
            (a) decides that the candidate is not eligible to stand,


Corp:2504543:1 2 February 2007          Page 28 of 79
            (b) decides that the nomination paper is invalid,
            (c) receives satisfactory proof that the candidate has died, or
            (d) receives a written request by the candidate of their withdrawal from
                candidacy.

2)          The returning officer is entitled to decide that a nomination paper is invalid
            only on one of the following grounds -
            (a) that the paper is not received on or before the final time and date for
                return of nomination papers, as specified in the notice of the election,
            (b) that the paper does not contain the candidate’s particulars, as required
                by rule 10;
            (c) that the paper does not contain a declaration of the interests of the
                candidate, as required by rule 11,
            (d) that the paper does not include a declaration of eligibility as required by
                rule 12, or
            (e) that the paper is not signed and dated by the candidate, as required by
                rule 13.
3)          The returning officer is to examine each nomination paper as soon as is
            practicable after he or she has received it, and decide whether the
            candidate has been validly nominated.
4)          Where the returning officer decides that a nomination is invalid, the
            returning officer must endorse this on the nomination paper, stating the
            reasons for their decision.
5)          The returning officer is to send notice of the decision as to whether a
            nomination is valid or invalid to the candidate at the contact address given
            in the candidate’s nomination paper.

15. Publication of statement of candidates
1)          The returning officer is to prepare and publish a statement showing the
            candidates who are standing for election.

2)          The statement must show –
            (a) the name, contact address, and constituency or class within a
                constituency of each candidate standing, and
            (b) the declared interests of each candidate standing, as given in their
                nomination paper.

3) The statement must list the candidates standing for election in alphabetical
      order by surname.

4) The returning officer must send a copy of the statement of candidates and
      copies of the nomination papers to the corporation as soon as is
      practicable after publishing the statement.

16. Inspection of statement of nominated candidates and nomination papers
      1) The corporation is to make the statements of the candidates and the
         nomination papers supplied by the returning officer under rule 15(4)
         available for inspection by members of the public free of charge at all
         reasonable times.


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      2) If a person requests a copy or extract of the statements of candidates or
         their nomination papers, the corporation is to provide that person with the
         copy or extract free of charge.

17. Withdrawal of candidates - A candidate may withdraw from election on or
before the date and time for withdrawal by candidates, by providing to the
returning officer a written notice of withdrawal which is signed by the candidate
and attested by a witness.

18. Method of election
1)          If the number of candidates remaining validly nominated for an election
            after any withdrawals under these rules is greater than the number of
            members to be elected to the Council of Governors, a poll is to be taken in
            accordance with Parts 5 and 6 of these rules.
2)          2) If the number of candidates remaining validly nominated for an election
            after any withdrawals under these rules is equal to the number of members
            to be elected to the Council of Governors, those candidates are to be
            declared elected in accordance with Part 7 of these rules.
3)          If the number of candidates remaining validly nominated for an election
            after any withdrawals under these rules is less than the number of
            members to be elected to be Council of Governors, then –
            (a) the candidates who remain validly nominated are to be declared
                  elected in accordance with Part 7 of these rules, and
            (b) the returning officer is to order a new election to fill any vacancy which
                  remains unfilled, on a day appointed by him or her in consultation with
                  the corporation.

Part 5 – Contested elections

19. Poll to be taken by ballot
1)          The votes at the poll must be given by secret ballot.
2)          The votes are to be counted and the result of the poll determined in
            accordance with Part 6 of these rules.

20. The ballot paper
1)          The ballot of each voter is to consist of a ballot paper with the persons
            remaining validly nominated for an election after any withdrawals under
            these rules, and no others, inserted in the paper.
2)          Every ballot paper must specify –
            (a) the name of the corporation,
            (b) the constituency, or class within a constituency, for which the election
                is being held,
            (c) the number of members of the Council of Governors to be elected from
                that constituency, or class within that constituency,
            (d) the names and other particulars of the candidates standing for
                election, with the details and order being the same as in the statement
                of nominated candidates,
            (e) instructions on how to vote,


Corp:2504543:1 2 February 2007            Page 30 of 79
            (f) if the ballot paper is to be returned by post, the address for its return
                and the date and time of the close of the poll, and
            (g) the contact details of the returning officer.
3) Each ballot paper must have a unique identifier.
4) Each ballot paper must have features incorporated into it to prevent it from
   being reproduced.

21. The declaration of identity (public and patient constituencies)
1)          In respect of an election for a public or patient constituency a declaration of
            identity must be issued with each ballot paper.
2)          The declaration of identity is to include a declaration –
            (a) that the voter is the person to whom the ballot paper was addressed,
            (b) that the voter has not marked or returned any other voting paper in the
                election, and
            (c) for a member of the public or patient constituency, of the particulars of
                that member’s qualification to vote as a member of the constituency or
                class within a constituency for which the election is being held.
3)          The declaration of identity is to include space for –
            (a)   the name of the voter,
            (b)   the address of the voter,
            (c)   the voter’s signature, and
            (d)   the date that the declaration was made by the voter.
4)          The voter must be required to return the declaration of identity together
            with the ballot paper.
5)          The declaration of identity must caution the voter that, if it is not returned
            with the ballot paper, or if it is returned without being correctly completed,
            the voter’s ballot paper may be declared invalid.

Action to be taken before the poll

22. List of eligible voters
1)          The corporation is to provide the returning officer with a list of the members
            of the constituency or class within a constituency for which the election is
            being held who are eligible to vote by virtue of rule 26 as soon as is
            reasonably practicable after the final date for the delivery of notices of
            withdrawals by candidates from an election.
2)          The list is to include, for each member, a mailing address where his or her
            ballot paper is to be sent.

23. Notice of poll - The returning officer is to publish a notice of the poll stating–
      (a) the name of the corporation,
      (b) the constituency, or class within a constituency, for which the election
           is being held,
      (c) the number of members of the Council of Governors to be elected from
           that constituency, or class with that constituency,




Corp:2504543:1 2 February 2007            Page 31 of 79
            (d) the names, contact addresses, and other particulars of the candidates
                standing for election, with the details and order being the same as in
                the statement of nominated candidates,
            (e) that the ballot papers for the election are to be issued and returned, if
                appropriate, by post,
            (f) the address for return of the ballot papers, and the date and time of the
                close of the poll,
            (g) the address and final dates for applications for replacement ballot
                papers, and
            (h) the contact details of the returning officer.

24. Issue of voting documents by returning officer
      1) As soon as is reasonably practicable on or after the publication of the
         notice of the poll, the returning officer is to send the following documents to
         each member of the corporation named in the list of eligible voters–
         (a) a ballot paper and ballot paper envelope,
         (b) a declaration of identity (if required),
         (c) information about each candidate standing for election, pursuant to
              rule 59 of these rules, and
         (d) a covering envelope.
      2) The documents are to be sent to the mailing address for each member, as
         specified in the list of eligible voters.

25. Ballot paper envelope and covering envelope
1)          The ballot paper envelope must have clear instructions to the voter printed
            on it, instructing the voter to seal the ballot paper inside the envelope once
            the ballot paper has been marked.
2)          The covering envelope is to have –
            (a)   the address for return of the ballot paper printed on it, and
            (b)   pre-paid postage for return to that address.
3)          There should be clear instructions, either printed on the covering envelope
            or elsewhere, instructing the voter to seal the following documents inside
            the covering envelope and return it to the returning officer –
            (a)    the completed declaration of identity if required, and
            (b)    the ballot paper envelope, with the ballot paper sealed inside it.

The poll

26. Eligibility to vote – An individual who becomes a member of the corporation
on or before the closing date for the receipt of nominations by candidates for the
election, is eligible to vote in that election.

27. Voting by persons who require assistance
1)          The returning officer is to put in place arrangements to enable requests for
            assistance to vote to be made.
2)          Where the returning officer receives a request from a voter who requires
            assistance to vote, the returning officer is to make such arrangements as
            he or she considers necessary to enable that voter to vote.


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28. Spoilt ballot papers
1)          If a voter has dealt with his or her ballot paper in such a manner that it
            cannot be accepted as a ballot paper (referred to a “spoilt ballot paper”),
            that voter may apply to the returning officer for a replacement ballot paper.
2)          On receiving an application, the returning officer is to obtain the details of
            the unique identifier on the spoilt ballot paper, if he or she can obtain it.
3)          The returning officer may not issue a replacement ballot paper for a spoilt
            ballot paper unless he or she –
            (a) is satisfied as to the voter’s identity, and
            (b) has ensured that the declaration of identity, if required, has not been
                 returned.
4)          After issuing a replacement ballot paper for a spoilt ballot paper, the
            returning officer shall enter in a list (“the list of spoilt ballot papers”) –
            (a) the name of the voter, and
            (b) the details of the unique identifier of the spoilt ballot paper (if that
                 officer was able to obtain it), and
            (c) the details of the unique identifier of the replacement ballot paper.

29. Lost ballot papers
1)          Where a voter has not received his or her ballot paper by the fourth day
            before the close of the poll, that voter may apply to the returning officer for
            a replacement ballot paper.
2)          The returning officer may not issue a replacement ballot paper for a lost
            ballot paper unless he or she
            (a) is satisfied as to the voter’s identity,
            (b) has no reason to doubt that the voter did not receive the original ballot
                 paper, and
            (c) has ensured that the declaration of identity if required has not been
                 returned.
3)          After issuing a replacement ballot paper for a lost ballot paper, the
            returning officer shall enter in a list (“the list of lost ballot papers”) –
            (a) the name of the voter, and
            (b) the details of the unique identifier of the replacement ballot paper.

30. Issue of replacement ballot paper
      1) If a person applies for a replacement ballot paper under rule 28 or 29 and a
         declaration of identity has already been received by the returning officer in
         the name of that voter, the returning officer may not issue a replacement
         ballot paper unless, in addition to the requirements imposed rule 28(3) or
         29(2), he or she is also satisfied that that person has not already voted in
         the election, notwithstanding the fact that a declaration of identity if
         required has already been received by the returning officer in the name of
         that voter.
      2) After issuing a replacement ballot paper under this rule, the returning
         officer shall enter in a list (“the list of tendered ballot papers”) –
             (a) the name of the voter, and



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         (b) the details of the unique identifier of the replacement ballot paper
             issued under this rule.
31. Declaration of identity for replacement ballot papers (public and patient
constituencies)
1)          In respect of an election for a public or patient constituency declaration of
            identity must be issued with each replacement ballot paper.
2)          The declaration of identity is to include a declaration –
            (a) that the voter has not voted in the election with any ballot paper other
                than the ballot paper being returned with the declaration, and
            (b) of the particulars of that member’s qualification to vote as a member of
                the public or patient constituency, or class within a constituency, for
                which the election is being held.
3)          The declaration of identity is to include space for –
            (a) the name of the voter,
            (b) the address of the voter,
            (c) the voter’s signature, and
            (d) the date that the declaration was made by the voter.
4)          The voter must be required to return the declaration of identity together
            with the ballot paper.
5)          The declaration of identity must caution the voter that if it is not returned
            with the ballot paper, or if it is returned without being correctly completed,
            the replacement ballot paper may be declared invalid.

Procedure for receipt of envelopes

32. Receipt of voting documents
1)          Where the returning officer receives a –
            (a) covering envelope, or
            (b) any other envelope containing a declaration of identity if required, a
                ballot paper envelope, or a ballot paper, before the close of the poll, that
                officer is to open it as soon as is practicable; and rules 33 and 34 are to
                apply.
2)          The returning officer may open any ballot paper envelope for the purposes
            of rules 33 and 34, but must make arrangements to ensure that no person
            obtains or communicates information as to –
            (a)    the candidate for whom a voter has voted, or
            (b)    the unique identifier on a ballot paper.
3)          The returning officer must make arrangements to ensure the safety and
            security of the ballot papers and other documents.

33. Validity of ballot paper
1)          A ballot paper shall not be taken to be duly returned unless the returning
            officer is satisfied that it has been received by the returning officer before
            the close of the poll, with a declaration of identity if required that has been
            correctly completed, signed, and dated.




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2)          Where the returning officer is satisfied that paragraph (1) has been fulfilled,
            he or she is to –
            (a) put the declaration of identity if required in a separate packet, and
            (b) put the ballot paper aside for counting after the close of the poll.
            (c) Where the returning officer is not satisfied that paragraph (1) has been
                fulfilled, he or she is to –
            (d) mark the ballot paper “disqualified”,
            (e) if there is a declaration of identity accompanying the ballot paper, mark
                it as “disqualified” and attach it the ballot paper,
            (f) record the unique identifier on the ballot paper in a list (the “list of
                disqualified documents”); and
            (g) place the document or documents in a separate packet.

34. Declaration of identity but no ballot paper (public and patient
constituency) – Where the returning officer receives a declaration of identity if
required but no ballot paper, the returning officer is to –
       (a) mark the declaration of identity “disqualified”,
       (b) record the name of the voter in the list of disqualified documents,
           indicating that a declaration of identity was received from the voter
           without a ballot paper; and
       (c) place the declaration of identity in a separate packet.

35. Sealing of packets – As soon as is possible after the close of the poll and
after the completion of the procedure under rules 33 and 34, the returning officer
is to seal the packets containing–
            (a) the disqualified documents, together with the list of disqualified
                documents inside it,
            (b) the declarations of identity if required,
            (c) the list of spoilt ballot papers,
            (d) the list of lost ballot papers,
            (e) the list of eligible voters, and
            (f) the list of tendered ballot papers.

Part 6 - Counting the votes

stv36. Interpretation of Part 6 – In Part 6 of these rules –
“continuing candidate” means any candidate not deemed to be elected, and not
excluded,
“count” means all the operations involved in counting of the first preferences
recorded for candidates, the transfer of the surpluses of elected candidates, and
the transfer of the votes of the excluded candidates,
“deemed to be elected” means deemed to be elected for the purposes of counting
of votes but without prejudice to the declaration of the result of the poll,
“mark” means a figure, an identifiable written word, or a mark such as “X”,
“non-transferable vote” means a ballot paper –
       (a) on which no second or subsequent preference is recorded for a
           continuing candidate, or
       (b) which is excluded by the returning officer under rule stv44(4) below,
           “preference” as used in the following contexts has the meaning
           assigned below–


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       (a) “first preference” means the figure “1” or any mark or word which clearly
           indicates a first (or only) preference,
       (b) “next available preference” means a preference which is the second, or
           as the case may be, subsequent preference recorded in consecutive
           order for a continuing candidate (any candidate who is deemed to be
           elected or is excluded thereby being ignored); and
       (c) in this context, a “second preference” is shown by the figure “2” or any
           mark or word which clearly indicates a second preference, and a third
           preference by the figure “3” or any mark or word which clearly indicates
           a third preference, and so on,
“quota” means the number calculated in accordance with rule stv41 below,
“surplus” means the number of votes by which the total number of votes for any
candidate (whether first preference or transferred votes, or a combination of both)
exceeds the quota; but references in these rules to the transfer of the surplus
means the transfer (at a transfer value) of all transferable papers from the
candidate who has the surplus,
“stage of the count” means –
       (a) the determination of the first preference vote of each candidate,
       (b) the transfer of a surplus of a candidate deemed to be elected, or
       (c) the exclusion of one or more candidates at any given time,
“transferable paper” means a ballot paper on which, following a first preference, a
second or subsequent preference is recorded in consecutive numerical order for a
continuing candidate,
“transferred vote” means a vote derived from a ballot paper on which a second or
subsequent preference is recorded for the candidate to whom that paper has
been transferred, and
“transfer value” means the value of a transferred vote calculated in accordance
with paragraph (4) or (7) of rule stv42 below.

37. Arrangements for counting of the votes – The returning officer is to make
arrangements for counting the votes as soon as is practicable after the close of
the poll.

38. The count
1)          The returning officer is to –
            (a) count and record the number of ballot papers that have been returned,
                and
            (b) count the votes according to the provisions in this Part of the rules.
2)          The returning officer, while counting and recording the number of ballot
            papers and counting the votes, must make arrangements to ensure that no
            person obtains or communicates information as to the unique identifier on a
            ballot paper.
3)          The returning officer is to proceed continuously with counting the votes as
            far as is practicable.

Stv39. Rejected ballot papers
1)          Any ballot paper –




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            (a)     which does not bear the features that have been incorporated into
                    the other ballot papers to prevent them from being reproduced,
            (b)     on which the figure “1” standing alone is not placed so as to indicate
                    a first preference for any candidate,
            (c)     on which anything is written or marked by which the voter can be
                    identified except the unique identifier, or
            (d)     which is unmarked or rejected because of uncertainty, shall be
                    rejected and not counted, but the ballot paper shall not be rejected
                    by reason only of carrying the words “one”, “two”, “three” and so on,
                    or any other mark instead of a figure if, in the opinion of the returning
                    officer, the word or mark clearly indicates a preference or
                    preferences.
2)          The returning officer is to endorse the word “rejected” on any ballot paper
            which under this rule is not to be counted.
3)          The returning officer is to draw up a statement showing the number of
            ballot papers rejected by him or her under each of the subparagraphs (a) to
            (d) of paragraph (1).

fpp39.Rejected ballot papers
1)          Any ballot paper –
            (a) which does not bear the features that have been incorporated into the
                other ballot papers to prevent them from being reproduced,
            (b) on which votes are given for more candidates than the voter is entitled
                to vote,
            (c) on which anything is written or marked by which the voter can be
                identified except the unique identifier, or
            (d) which is unmarked or rejected because of uncertainty, shall, subject to
                paragraphs (2) and (3) below, be rejected and not counted.
2)          Where the voter is entitled to vote for more than one candidate, a ballot
            paper is not to be rejected because of uncertainty in respect of any vote
            where no uncertainty arises, and that vote is to be counted.
3)          A ballot paper on which a vote is marked –
            (a) elsewhere than in the proper place,
            (b) otherwise than by means of a clear mark,
            (c) by more than one mark, is not to be rejected for such reason (either
                wholly or in respect of that vote) if an intention that the vote shall be for
                one or other of the candidates clearly appears, and the way the paper
                is marked does not itself identify the voter and it is not shown that he
                or she can be identified by it.
4)          The returning officer is to –
            (a) endorse the word “rejected” on any ballot paper which under this rule
                is not to be counted, and
            (b) in the case of a ballot paper on which any vote is counted under
                paragraph (2) or (3) above, endorse the words “rejected in part” on the
                ballot paper and indicate which vote or votes have been counted.
5)          The returning officer is to draw up a statement showing the number of
            rejected ballot papers under the following headings –



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            (a) does not bear proper features that have been incorporated into the
                ballot paper,
            (b) voting for more candidates than the voter is entitled to,
            (c) writing or mark by which voter could be identified, and
            (d) unmarked or rejected because of uncertainty, and, where applicable,
                each heading must record the number of ballot papers rejected in part.

stv40. First stage
1)          The returning officer is to sort the ballot papers into parcels according to
            the candidates for whom the first preference votes are given.
2)          The returning officer is to then count the number of first preference votes
            given on ballot papers for each candidate, and is to record those numbers.
3)          The returning officer is to also ascertain and record the number of valid
            ballot papers.

stv41. The quota
1)          The returning officer is to divide the number of valid ballot papers by a
            number exceeding by one the number of members to be elected.
2)          The result, increased by one, of the division under paragraph (1) above
            (any fraction being disregarded) shall be the number of votes sufficient to
            secure the election of a candidate (in these rules referred to as “the
            quota”).
3)          At any stage of the count a candidate whose total votes equals or exceeds
            the quota shall be deemed to be elected, except that any election where
            there is only one vacancy a candidate shall not be deemed to be elected
            until the procedure set out in paragraphs (1) to (3) of rule stv44 has been
            complied with.

stv42. Transfer of votes
1)          Where the number of first preference votes for any candidate exceeds the
            quota, the returning officer is to sort all the ballot papers on which first
            preference votes are given for that candidate into sub parcels so that they
            are grouped –
            (a) according to next available preference given on those papers for any
                 continuing candidate, or
            (b) where no such preference is given, as the sub-parcel of
                 nontransferable votes.
2)          The returning officer is to count the number of ballot papers in each parcel
            referred to in paragraph (1) above.
3)          The returning officer is, in accordance with this rule and rule stv43 below,
            to transfer each sub-parcel of ballot papers referred to in paragraph (1)(a)
            to the candidate for whom the next available preference is given on those
            papers.
4)          The vote on each ballot paper transferred under paragraph (3) above shall
            be at a value (“the transfer value”) which –




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            (a) reduces the value of each vote transferred so that the total value of all
                such votes does not exceed the surplus, and
            (b) is calculated by dividing the surplus of the candidate from whom the
                votes are being transferred by the total number of the ballot papers on
                which those votes are given, the calculation being made to two
                decimal places (ignoring the remainder if any).
5)          Where at the end of any stage of the count involving the transfer of ballot
            papers, the number of votes for any candidate exceeds the quota, the
            returning officer is to sort the ballot papers in the sub-parcel of transferred
            votes which was last received by that candidate into separate sub-parcels
            so that they are grouped –
            (a) according to the next available preference given on those papers for
                 any continuing candidate, or
            (b) where no such preference is given, as the sub-parcel of non-
                 transferable votes.
6)          The returning officer is, in accordance with this rule and rule stv43 below,
            to transfer each sub-parcel of ballot papers referred to in paragraph (5)(a)
            to the candidate for whom the next available preference is given on those
            papers.
7)          The vote on each ballot paper transferred under paragraph (6) shall be at –
            (a) a transfer value calculated as set out in paragraph (4)(b) above, or
            (b) at the value at which that vote was received by the candidate from
                whom it is now being transferred, whichever is the less.
8)          Each transfer of a surplus constitutes a stage in the count.
9)          Subject to paragraph (10), the returning officer shall proceed to transfer
            transferable papers until no candidate who is deemed to be elected has a
            surplus or all the vacancies have been filled.
10)        Transferable papers shall not be liable to be transferred where any surplus
           or surpluses which, at a particular stage of the count, have not already
           been transferred, are –
           (a) less than the difference between the total vote then credited to the
               continuing candidate with the lowest recorded vote and the vote of the
               candidate with the next lowest recorded vote, or
           (b) less than the difference between the total votes of the two or more
               continuing candidates, credited at that stage of the count with the
               lowest recorded total numbers of votes and the candidate next above
               such candidates.
11)         This rule does not apply at an election where there is only one vacancy.

stv43. Supplementary provisions on transfer
1)         If, at any stage of the count, two or more candidates have surpluses, the
           transferable papers of the candidate with the highest surplus shall be
           transferred first, and if –
           (a) The surpluses determined in respect of two or more candidates are
                equal, the transferable papers of the candidate who had the highest
                recorded vote at the earliest preceding stage at which they had unequal
                votes shall be transferred first, and


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           (b) the votes credited to two or more candidates were equal at all stages of
               the count, the returning officer shall decide between those candidates
               by lot, and the transferable papers of the candidate on whom the lot
               falls shall be transferred first.
2)         The returning officer shall, on each transfer of transferable papers under
           rule stv42 above –
           (a) record the total value of the votes transferred to each candidate,
           (b) add that value to the previous total of votes recorded for each candidate
               and record the new total,
           (c) record as non-transferable votes the difference between the surplus
               and the total transfer value of the transferred votes and add that
               difference to the previously recorded total of nontransferable votes, and
           (d) compare—
                   (i)   the total number of votes then recorded for all of the
                         candidates, together with the total number of non-transferable
                         votes, with
                   (ii)  the recorded total of valid first preference votes.
3)          All ballot papers transferred under rule stv42 or stv44 shall be clearly
            marked, either individually or as a sub-parcel, so as to indicate the transfer
            value recorded at that time to each vote on that paper or, as the case may
            be, all the papers in that sub-parcel.
4)          Where a ballot paper is so marked that it is unclear to the returning officer
            at any stage of the count under rule stv42 or stv44 for which candidate the
            next preference is recorded, the returning officer shall treat any vote on that
            ballot paper as a nontransferable vote; and votes on a ballot paper shall be
            so treated where, for example, the names of two or more candidates
            (whether continuing candidates or not) are so marked that, in the opinion of
            the returning officer, the same order of preference is indicated or the
            numerical sequence is broken.

stv44. Exclusion of candidates
1)          If—
            (a) all transferable papers which under the provisions of rule stv42 above
                (including that rule as applied by paragraph (11) below) and this rule
                are required to be transferred, have been transferred, and
            (b) subject to rule stv45 below, one or more vacancies remain to be filled,
                the returning officer shall exclude from the election at that stage the
                candidate with the then lowest vote (or, where paragraph (12) below
                applies, the candidates with the then lowest votes).
2)          The returning officer shall sort all the ballot papers on which first preference
            votes are given for the candidate or candidates excluded under paragraph
            (1) above into two sub-parcels so that they are grouped as—
            (a) ballot papers on which a next available preference is given, and
            (b) ballot papers on which no such preference is given (thereby including
                 ballot papers on which preferences are given only for candidates who
                 are deemed to be elected or are excluded).
3)          The returning officer shall, in accordance with this rule and rule stv43
            above, transfer each sub-parcel of ballot papers referred to in paragraph


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            (2)(a) above to the candidate for whom the next available preference is
            given on those papers.
4)          The exclusion of a candidate, or of two or more candidates together,
            constitutes a further stage of the count.
5)          If, subject to rule stv45 below, one or more vacancies still remain to be
            filled, the returning officer shall then sort the transferable papers, if any,
            which had been transferred to any candidate excluded under paragraph (1)
            above into sub-parcels according to their transfer value.
6)          The returning officer shall transfer those papers in the sub-parcel of
            transferable papers with the highest transfer value to the continuing
            candidates in accordance with the next available preferences given on
            those papers (thereby passing over candidates who are deemed to be
            elected or are excluded).
7)          The vote on each transferable paper transferred under paragraph (6)
            above shall be at the value at which that vote was received by the
            candidate excluded under paragraph (1) above.
8)          Any papers on which no next available preferences have been expressed
            shall be set aside as nontransferable votes.
9)          After the returning officer has completed the transfer of the ballot papers in
            the sub-parcel of ballot papers with the highest transfer value he or she
            shall proceed to transfer in the same way the sub parcel of ballot papers
            with the next highest value and so on until he has dealt with each sub-
            parcel of a candidate excluded under paragraph (1) above.
10)         The returning officer shall after each stage of the count completed under
            this rule—
            (a) record –
                    (i) the total value of votes, or
                    (ii) the total transfer value of votes transferred to each candidate,
            (b) add that total to the previous total of votes recorded for each candidate
                 and record the new total,
            (c) record the value of non-transferable votes and add that value to the
                 previous non-transferable votes total, and
            (d) compare—
                    (i)      the total number of votes then recorded for each candidate
                             together with the total number of non-transferable votes, with
                    (ii)     the recorded total of valid first preference votes.
11)         If after a transfer of votes under any provision of this rule, a candidate has
            a surplus, that surplus shall be dealt with in accordance with paragraphs
            (5) to (10) of rule stv42 and rule stv43.
12)         Where the total of the votes of the two or more lowest candidates, together
            with any surpluses not transferred, is less than the number of votes
            credited to the next lowest candidate, the returning officer shall in one
            operation exclude such two or more candidates.
13)         If when a candidate has to be excluded under this rule, two or more
            candidates each have the same number of votes and are lowest—



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            (a) regard shall be had to the total number of votes credited to those
                candidates at the earliest stage of the count at which they had an
                unequal number of votes and the candidate with the lowest number of
                votes at that stage shall be excluded, and
            (b) where the number of votes credited to those candidates was equal at
                all stages, the returning officer shall decide between the candidates by
                lot and the candidate on whom the lot falls shall be excluded.

stv45. Filling of last vacancies
      1) Where the number of continuing candidates is equal to the number of
         vacancies remaining unfilled the continuing candidates shall thereupon be
         deemed to be elected.
      2) Where only one vacancy remains unfilled and the votes of any one
         continuing candidate are equal to or greater than the total of votes credited
         to other continuing candidates together with any surplus not transferred,
         the candidate shall thereupon be deemed to be elected.
      3) Where the last vacancies can be filled under this rule, no further transfer of
         votes shall be made.

stv46. Order of election of candidates
1)          The order in which candidates whose votes equal or exceed the quota are
            deemed to be elected shall be the order in which their respective surpluses
            were transferred, or would have been transferred but for rule stv42(10)
            above.
2)          A candidate credited with a number of votes equal to, and not greater than,
            the quota shall, for the purposes of this rule, be regarded as having had the
            smallest surplus at the stage of the count at which he obtained the quota.
3)          Where the surpluses of two or more candidates are equal and are not
            required to be transferred, regard shall be had to the total number of votes
            credited to such candidates at the earliest stage of the count at which they
            had an unequal number of votes and the surplus of the candidate who had
            the greatest number of votes at that stage shall be deemed to be the
            largest.
4)          Where the number of votes credited to two or more candidates were equal
            at all stages of the count, the returning officer shall decide between them
            by lot and the candidate on whom the lot falls shall be deemed to have
            been elected first.

fpp46. Equality of votes – Where, after the counting of votes is completed, an
equality of votes is found to exist between any candidates and the addition of a
vote would entitle any of those candidates to be declared elected, the returning
officer is to decide between those candidates by a lot, and proceed as if the
candidate on whom the lot falls had received an additional vote.




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Part 7 – Final proceedings in contested and uncontested elections

fpp47. Declaration of result for contested elections
      1) In a contested election, when the result of the poll has been ascertained,
         the returning officer is to –
         (a) declare the candidate or candidates whom more votes have been
              given than for the other candidates, up to the number of vacancies to
              be filled on the Council of Governors from the constituency, or class
              within a constituency, for which the election is being held to be elected,
         (b) give notice of the name of each candidate who he or she has declared
              elected–
              (i) where the election is held under a proposed constitution pursuant
                   to powers conferred on the Christie Hospital NHS Foundation
                   Trust by section 4(4) of the 2003 Act, to the chairman of the NHS
                   Trust, or
              (ii) in any other case, to the chairman of the corporation; and
         (c) give public notice of the name of each candidate whom he or she has
              declared elected.
      2) The returning officer is to make –
         (d) the total number of votes given for each candidate (whether elected or
             not), and
         (e) the number of rejected ballot papers under each of the headings in
             rule fpp39(5), available on request.

stv47. Declaration of result for contested elections
      1) In a contested election, when the result of the poll has been ascertained,
         the returning officer is to—
         (a) declare the candidates who are deemed to be elected under Part 6 of
              these rules as elected,
         (b) give notice of the name of each candidate who he or she has declared
              elected –
              (i) where the election is held under a proposed constitution pursuant to
                     powers conferred on the Christie Hospital NHS Foundation Trust
                     by section 4(4) of the 2003 Act, to the chairman of the NHS Trust,
                     or
              (ii) in any other case, to the chairman of the corporation, and
         (c) give public notice of the name of each candidate who he or she has
              declared elected.
      2) The returning officer is to make –
         (a) the number of first preference votes for each candidate whether
             elected or not,
         (b) any transfer of votes,
         (c) the total number of votes for each candidate at each stage of the count
             at which such transfer took place,
         (d) the order in which the successful candidates were elected, and
         (e) the number of rejected ballot papers under each of the headings in
             rule stv39(1), available on request.




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48. Declaration of result for uncontested elections – In an uncontested
election, the returning officer is to as soon as is practicable after final day for the
delivery of notices of withdrawals by candidates from the election –
       (a) declare the candidate or candidates remaining validly nominated to be
            elected,
       (b) give notice of the name of each candidate who he or she has declared
            elected to the chairman of the corporation, and
       (c) give public notice of the name of each candidate who he or she has
            declared elected.

Part 8 – Disposal of documents

49. Sealing up of documents relating to the poll
1)          On completion of the counting at a contested election, the returning officer
            is to seal up the following documents in separate packets –
            (a)     the counted ballot papers,
            (b)     the ballot papers endorsed with “rejected in part”,
            (c)     the rejected ballot papers, and
            (d)     the statement of rejected ballot papers.

2)          The returning officer must not open the sealed packets of –
            (a)   the disqualified documents, with the list of disqualified documents
                  inside it,
            (b)   the declarations of identity,
            (c)   the list of spoilt ballot papers,
            (d)   the list of lost ballot papers,
            (e)   the list of eligible voters, and
            (f)   the list of tendered ballot papers.

3)          The returning officer must endorse on each packet a description of –
            (a)   its contents,
            (b)   the date of the publication of notice of the election,
            (c)   the name of the corporation to which the election relates, and
            (d)   the constituency, or class within a constituency, to which the election
                  relates.

50. Delivery of documents – Once the documents relating to the poll have been
sealed up and endorsed pursuant to rule 49, the returning officer is to forward
them to the chair of the corporation.

51. Forwarding of documents received after close of the poll

Where
            (a) any voting documents are received by the returning officer after the
                close of the poll, or
            (b) any envelopes addressed to eligible voters are returned as
                undelivered too late to be re-sent, or
            (c) any applications for replacement ballot papers are made too late to
                enable new ballot papers to be issued,




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the returning officer is to put them in a separate packet, seal it up, and endorse
and forward it to the chairman of the corporation.

52. Retention and public inspection of documents
                                 1) The corporation is to retain the documents relating to an
                                    election that are forwarded to the chair by the returning
                                    officer under these rules for one year, and then, unless
                                    otherwise directed by the regulator, cause them to be
                                    destroyed.
                                 2) With the exception of the documents listed in rule 53(1), the
                                    documents relating to an election that are held by the
                                    corporation shall be available for inspection by members of
                                    the public at all reasonable times.
                                 3) A person may request a copy or extract from the documents
                                    relating to an election that are held by the corporation, and
                                    the corporation is to provide it, and may impose a
                                    reasonable charge for doing so.

53. Application for inspection of certain documents relating to an election –
1)          The corporation may not allow the inspection of, or the opening of any
            sealed packet containing –
            (a)   any rejected ballot papers, including ballot papers rejected in part,
            (b)   any disqualified documents, or the list of disqualified documents,
            (c)   any counted ballot papers,
            (d)   any declarations of identity, or
            (e)   the list of eligible voters, by any person without the consent of the
                  Regulator.

2)          A person may apply to the Regulator to inspect any of the documents listed
            in (1), and the Regulator may only consent to such inspection if it is
            satisfied that it is necessary for the purpose of questioning an election
            pursuant to Part 11.

3)          The Regulator’s consent may be on any terms or conditions that it thinks
            necessary, including conditions as to –
            (a)   persons,
            (b)   time,
            (c)   place and mode of inspection,
            (d)   production or opening, and the corporation must only make the
                  documents available for inspection in accordance with those terms
                  and conditions.
4)          On an application to inspect any of the documents listed in paragraph (1), –
            (a)   In giving its consent, the regulator, and
            (b)   and making the documents available for inspection, the corporation,
                  must ensure that the way in which the vote of any particular member
                  has been given shall not be disclosed, until it has been established –

                  (i) that his or her vote was given, and


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                  (ii) that the regulator has declared that the vote was invalid.


Part 9 – Death of a candidate during a contested election
fpp54. Countermand or abandonment of poll on death of candidate
1)          If, at a contested election, proof is given to the returning officer’s
            satisfaction before the result of the election is declared that one of the
            persons named or to be named as a candidate has died, then the returning
            officer is to
            (a) countermand notice of the poll, or, if ballot papers have been issued,
                  direct that the poll be abandoned within that constituency or class, and
            (b) order a new election, on a date to be appointed by him or her in
                  consultation with the corporation, within the period of 40 days,
                  computed in accordance with rule 3 of these rules, beginning with the
                  day that the poll was countermanded or abandoned.

2)          Where a new election is ordered under paragraph (1), no fresh nomination
            is necessary for any candidate who was validly nominated for the election
            where the poll was countermanded or abandoned but further candidates
            shall be invited for that constituency or class.

3)          Where a poll is abandoned under paragraph (1)(a), paragraphs (4) to (7)
            are to apply.

4)          The returning officer shall not take any step or further step to open
            envelopes or deal with their contents in accordance with rules 33 and 34,
            and is to make up separate sealed packets in accordance with rule 35.

5)          The returning officer is to –
            (a) count and record the number of ballot papers that have been received,
                and
            (b) seal up the ballot papers into packets, along with the records of the
                number of ballot papers.
6)          The returning officer is to endorse on each packet a description of –
            (a) its contents,
            (b) the date of the publication of notice of the election,
            (c) the name of the corporation to which the election relates, and
            (d) the constituency, or class within a constituency, to which the election
                relates.
7)          Once the documents relating to the poll have been sealed up and endorsed
            pursuant to paragraphs (4) to (6), the returning officer is to deliver them to
            the chairman of the corporation, and rules 52 and 53 are to apply.

stv54. Countermand or abandonment of poll on death of candidate
1)          If, at a contested election, proof is given to the returning officer’s
            satisfaction before the result of the election is declared that one of the



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            persons named or to be named as a candidate has died, then the returning
            officer is to –
            (a) publish a notice stating that the candidate has died, and
            (b) proceed with the counting of the votes as if that candidate had been
                 excluded from the count so that –
                 (i) ballot papers which only have a first preference recorded for the
                       candidate that has died, and no preferences for any other
                       candidates, are not to be counted, and
                 (ii) ballot papers which have preferences recorded for other
                       candidates are to be counted according to the consecutive order
                       of those preferences, passing over preferences marked for the
                       candidate who has died.

The ballot papers which have preferences recorded for the candidate who has
died are to be sealed with the other counted ballot papers pursuant to rule
49(1)(a).

Part 10 – Election expenses and publicity
Election expenses

55. Election expenses – Any expenses incurred, or payments made, for the
purposes of an election which contravene this Part are an electoral irregularity,
which may only be questioned in an application to the regulator under Part 11 of
these rules.

56. Expenses and payments by candidates - A candidate may not incur any
expenses or make a payment (of whatever nature) for the purposes of an election,
other than expenses or payments that relate to –
       (a) personal expenses,
       (b) traveling expenses, and expenses incurred while living away from
           home, and
       (c) expenses for stationery, postage, telephone, internet (or any similar
           means of communication) and other petty expenses, to a limit of [£100].

57. Election expenses incurred by other persons
1)     No person may -
       (a) incur any expenses or make a payment (of whatever nature) for the
           purposes of a candidate’s election, whether on that candidate’s behalf
           or otherwise, or
       (b) give a candidate or his or her family any money or property (whether as
           a gift, donation, loan, or otherwise) to meet or contribute to expenses
           incurred by or on behalf of the candidate for the purposes of an
           election.
2)     Nothing in this rule is to prevent the corporation from incurring such
       expenses, and making such payments, as it considers necessary pursuant
       to rules 58 and 59.

Publicity
58. Publicity about election by the corporation
1)          The corporation may –


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            (a) compile and distribute such information about the candidates, and
            (b) organise and hold such meetings to enable the candidates to speak and
                respond to questions, as it considers necessary.
2)          Any information provided by the corporation about the candidates,
            including information compiled by the corporation under rule 59, must be –
            (a) objective, balanced and fair,
            (b) equivalent in size and content for all candidates,
            (c) compiled and distributed in consultation with all of the candidates
                standing for election, and
            (d) must not seek to promote or procure the election of a specific candidate
                or candidates, at the expense of the electoral prospects of one or more
                other candidates.
3)          Where the corporation proposes to hold a meeting to enable the
            candidates to speak, the corporation must ensure that all of the candidates
            are invited to attend, and in organising and holding such a meeting, the
            corporation must not seek to promote or procure the election of a specific
            candidate or candidates at the expense of the electoral prospects of one or
            more other candidates.


59. Information about candidates for inclusion with voting documents
1)          The corporation must compile information about the candidates standing
            for election, to be distributed by the returning officer pursuant to rule 24 of
            these rules.
2)          The information must consist of –
            (a) a statement submitted by the candidate of no more than 250 words,
                and
            (b) a photograph of the candidate.

60. Meaning of “for the purposes of an election”
1)          In this Part, the phrase “for the purposes of an election” means with a view
            to, or otherwise in connection with, promoting or procuring a candidate’s
            election, including the prejudicing of another candidate’s electoral
            prospects; and the phrase “for the purposes of a candidate’s election” is to
            be construed accordingly.
2)          The provision by any individual of his or her own services voluntarily, on his
            or her own time, and free of charge is not to be considered an expense for
            the purposes of this Part.

Part 11 – Questioning elections and the consequence of irregularities
61. Application to question an election
1)          An application alleging a breach of these rules, including an electoral
            irregularity under Part 10, may be made to the regulator.
2)          An application may only be made once the outcome of the election has
            been declared by the returning officer.
3)          An application may only be made to the Regulator by -



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            (a) a person who voted at the election or who claimed to have had the
                right to vote, or
            (b) a candidate, or a person claiming to have had a right to be elected at
                the election.
4)          The application must –
            (a) describe the alleged breach of the rules or electoral irregularity, and
            (b) be in such a form as the Regulator may require.

5)          The application must be presented in writing within 21 days of the
            declaration of the result of the election.

6)          If the Regulator requests further information from the applicant, then that
            person must provide it as soon as is reasonably practicable.
            (a) The Regulator shall delegate the determination of an application to a
                  person or persons to be nominated for the purpose of the Regulator.
            (b) The determination by the person or persons nominated in accordance
                  with Rule 61(7) shall be binding on and shall be given effect by the
                  corporation, the applicant and the members of the constituency (or
                  class within a constituency) including all the candidates for the election
                  to which the application relates.
            (c) The Regulator may prescribe rules of procedure for the determination
                  of an application including costs.

Part 12 – Miscellaneous
62. Secrecy
1)          The following persons –
            (a) the returning officer,
            (b) the returning officer’s staff, must maintain and aid in maintaining the
                secrecy of the voting and the counting of the votes, and must not,
                except for some purpose authorised by law, communicate to any
                person any information as to –
                (i) the name of any member of the corporation who has or has not
                    been given a ballot paper or who has or has not voted,
                (ii) the unique identifier on any ballot paper,
                (iii) the candidate(s) for whom any member has voted.
2)          No person may obtain or attempt to obtain information as to the
            candidate(s) for whom a voter is about to vote or has voted, or
            communicate such information to any person at any time, including the
            unique identifier on a ballot paper given to a voter.
3)          The returning officer is to make such arrangements as he or she thinks fit
            to ensure that the individuals who are affected by this provision are aware
            of the duties it imposes.

63. Prohibition of disclosure of vote – No person who has voted at an election
shall, in any legal or other proceedings to question the election, be required to
state for whom he or she has voted.




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64. Disqualification – A person may not be appointed as a returning officer, or as
staff of the returning officer pursuant to these rules, if that person is –
        (a) a member of the corporation,
        (b) an employee of the corporation,
        (c) a director of the corporation, or
        (d) employed by or on behalf of a person who has been nominated for
            election

65. Delay in postal service through industrial action or unforeseen event – If
industrial action, or some other unforeseen event, results in a delay in –
       (a) the delivery of the documents in rule 24, or
       (b) the return of the ballot papers and declarations of identity, the returning
           officer may extend the time between the publication of the notice of the
           poll and the close of the poll, with the agreement of the Regulator.




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        ANNEX 5 – ADDITIONAL PROVISIONS – COUNCIL OF GOVERNORS

                                  (Paragraphs 11.6, 12.3, 15 and 17)


Elected Governors

1.          A member of the Public Constituency may not vote at an election for a
            Public Governor unless within twenty-one days before they vote they have
            made a declaration in the form specified by the Secretary that they are
            qualified to vote as a member of the relevant area of the Public
            Constituency. It is an offence to knowingly or recklessly make such a
            declaration which is false in a material particular.

Appointed Governors

2.          The Secretary, having consulted Blackpool PCT and North Lancashire
            PCT, is to adopt a process for agreeing the appointment of PCT Governors
            with those Primary Care Trusts.

3.          The Secretary, having consulted Blackpool Borough Council and
            Lancashire County Council is to adopt a process for agreeing the
            appointment of Local Authority Governors with those local authorities.

4.          The Partnership Governors are to be appointed by the partnership
            organisations, in accordance with a process agreed with the Secretary.

Tenure for appointed Governors

5.          An appointed Governor:

            5.1         shall normally hold office for a period of three years commencing
                        immediately after the annual members meeting at which his
                        appointment is announced;

            5.2         shall be eligible for re-appointment at the end of his term;

            5.3         may not hold office for longer than nine consecutive years, and shall
                        not be eligible for re-appointment if he has already held office for
                        more than six consecutive years.

6.          For the purposes of these provisions concerning terms of office for
            appointed Governors, “year” means a period commencing immediately
            after the conclusion of the annual members meeting, and ending at the
            conclusion of the next annual members meeting.

7.          An appointed Governor shall cease to hold office if the appointing
            organisation which appointed him terminates the appointment.




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Further provisions as to eligibility to be a Governor

8.          A person may not become a Governor of the Foundation Trust, and if
            already holding such office will immediately cease to do so, if:

            8.1         they are a Director of the Foundation Trust or a governor or director
                        of an NHS body (unless they are appointed by an appointing
                        organisation which is an NHS body);

            8.2         they are the spouse, partner, parent or child of a member of the
                        Board of Directors of the Foundation Trust;

            8.3         they are a member of a local authority’s Scrutiny Committee
                        covering health matters;

            8.4         they are a member of a Patients’ Forum unless that Patients’ Forum
                        is a partnership organisation which has appointed them as a
                        Partnership Governor;

            8.5         they have been previously removed as a Governor pursuant to
                        paragraph 12 of this Annex 5.

            8.6         being a member of the Public Constituency, they refuse to sign a
                        declaration in the form specified by the Secretary of particulars of
                        their qualification to vote as a member of the Foundation Trust, and
                        that they are not prevented from being a member of the Council of
                        Governors;

            8.7         they are subject to a sex offender order ;

            8.8         they have within the preceding three years been dismissed,
                        otherwise than by reason of redundancy, from any paid employment
                        with an NHS body;

            8.9         they are a person whose tenure of office as the Chairman or as a
                        member or director of an NHS body has been terminated on the
                        grounds that their appointment is not in the interests of the health
                        service, for non-attendance at meetings, or for non-disclosure of a
                        pecuniary interest.

9.          A person holding office as a Governor shall immediately cease to do so if:

            9.1         they resign by notice in writing to the Secretary;

            9.2         they fail to attend three consecutive meetings of the Council of
                        Governors, unless the other Governors are satisfied that:

                        9.2.1     the absences were due to reasonable causes; and

                        9.2.2     they will be able to start attending meetings of the Council
                                  of Governors again within such a period as the other
                                  Governors consider reasonable;


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            9.3         they have refused without reasonable cause to undertake any
                        training which the Council of Governors requires all Governors to
                        undertake;

            9.4         they have failed to sign and deliver to the Secretary a statement in
                        the form required by the Secretary confirming acceptance of the
                        code of conduct for Governors;

            9.5         they are removed from the Council of Governors under the following
                        provisions.

10.         A Governor may be removed from the Council of Governors by a resolution
            approved by not less than three-quarters of the remaining Governors
            present and voting on the grounds that:

            10.1        they have committed a serious breach of the code of conduct; or

            10.2        they have acted in a manner detrimental to the interests of the
                        Foundation Trust; and

            10.3        the Council of Governors consider that it is not in the best interests
                        of the Foundation Trust for them to continue as a Governor.

Vacancies amongst Governors

11.         Where a vacancy arises on the Council of Governors for any reason other
            than expiry of term of office, the following provisions will apply.

12.         Where the vacancy arises amongst the appointed Governors, the
            Secretary shall request that the appointing organisation appoints a
            replacement to hold office for the remainder of the term of office.

13.         Where the vacancy arises amongst the elected Governors, the Council of
            Governors shall be at liberty either:

            13.1        to call an election within three months to fill the seat for the
                        remainder of that term of office; or

            13.2        to invite the next highest polling candidate for that seat at the most
                        recent election, who is willing to take office, to fill the seat until the
                        next annual election, at which time the seat will fall vacant and
                        subject to election for any unexpired period of the term of office; or

            13.3        if the unexpired period of the term of office is less than six months,
                        to leave the seat vacant until the next elections are held.

Further provisions as to meetings of Governors

14.         The Council of Governors is to meet at least three times in each financial
            year. Save in the case of emergencies or the need to conduct urgent
            business, the Secretary shall give at least fourteen days written notice of
            the date and place of every meeting of the Council of Governors together


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            with an agenda and any supporting papers to all Governors. Notice will
            also be published in a local newspaper or newspapers circulating in the
            area served by the Foundation Trust, and on the Foundation Trust’s
            website.

15.         Meetings of the Council of Governors may be called by the Secretary, or by
            the Chairman, or by ten Governors (including at least two elected
            Governors and two appointed Governors) who give written notice to the
            Secretary specifying the business to be carried out. The Secretary shall
            send a written notice to all Governors as soon as possible after receipt of
            such a request. The Secretary shall call a meeting on at least fourteen but
            not more than twenty-eight days’ notice to discuss the specified business.
            If the Secretary fails to call such a meeting then the Chairman or ten
            Governors, whichever is the case, shall call such a meeting.

16.         Twelve Governors including not less than four Public Governors, not less
            than one Staff Governor and not less than two appointed Governors shall
            form a quorum.

17.         The Council of Governors may invite the Chief Executive or any other
            member or members of the Board of Directors, or a representative of the
            auditor or other advisors to attend a meeting of the Council of Governors.

18.         The Council of Governors may agree that its members can participate in its
            meetings by telephone, video or computer link. Participation in a meeting
            in this manner shall be deemed to constitute presence in person at the
            meeting.

19.         Subject to the following provisions of this paragraph, questions arising at a
            meeting of the Council of Governors shall be decided by a majority of
            votes.

            19.1        In case of an equality of votes the person presiding at or chairing the
                        meeting shall have a second and casting vote.

            19.2        No resolution of the Council of Governors shall be passed if it is
                        opposed by all of the Public Governors present.

20.         The Council of Governors may not delegate any of its powers to a
            committee or sub-committee, but it may appoint committees consisting of
            its members, Directors, and other persons to assist the Council of
            Governors in carrying out its functions. The Council of Governors may,
            through the Secretary, request that advisors assist them or any committee
            they appoint in carrying out its duties.

21.         All decisions taken in good faith at a meeting of the Council of Governors
            or of any committee shall be valid even if it is discovered subsequently that
            there was a defect in the calling of the meeting, or the appointment of the
            Governors attending the meeting.




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Declaration

22.         An elected Governor may not vote at a meeting of the Council of
            Governors unless, before attending the meeting, they have made a
            declaration in the form specified by the Secretary of the particulars of their
            qualification to vote as a member of the Foundation Trust and that they are
            not prevented from being a member of the Council of Governors. An
            elected Governor shall be deemed to have confirmed the declaration upon
            attending any subsequent meeting of the Council of Governors, and every
            agenda for meetings of the Council of Governors will draw this to the
            attention of elected Governors.

Initial Governors

23.         Not less than one third of the initial Public Governors who polled the
            highest votes will serve a term of office ending at the conclusion of the
            annual members meeting in 2010; not less than one third of the initial
            Public Governors who polled the next highest number of votes will serve a
            term of office ending at the conclusion of the annual members meeting in
            2009; the remaining initial Public Governors will serve a term of office
            ending at the conclusion of the annual members meeting in 2008. For the
            purposes of this paragraph any Public Governor who is elected unopposed,
            or elected pursuant to a subsequent election to fill a seat left empty at or
            after the initial elections, shall be deemed to have received no votes.

24.         Not less than one third of the initial Staff Governors who polled the highest
            votes will serve a term of office ending at the conclusion of the annual
            members meeting in 2010; not less than one third of the initial Staff
            Governors who polled the next highest number of votes will serve a term of
            office ending at the conclusion of the annual members meeting in 2009; the
            remaining initial Staff Governors will serve a term of office ending at the
            conclusion of the annual members meeting in 2008. For the purposes of
            this paragraph any Staff Governor who is elected unopposed, or elected
            pursuant to a subsequent election to fill a seat left empty at or after the
            initial elections, shall be deemed to have received no votes.

25.         There will be no elections or appointments to take effect at the conclusion
            of the annual members meeting in 2007, unless any of the places on the
            Council of Governors remain unfilled following the initial elections held
            before the Foundation Trust was authorised.

26.         For the purposes of eligibility to seek re-election or to be re-appointed as
            Governors under this constitution, the period between their election or
            appointment as initial Governors and the conclusion of the annual
            members meeting in 2008 shall be treated as a year.




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         ANNEX 6                 - ADDITIONAL PROVISIONS – BOARD OF DIRECTORS

                                  (Paragraphs 19.3, 20.4, 21.3, 25 and 27)


Tenure for non-executive directors


1.          A non-executive director shall normally hold office for three years, at the
            end of which they will be eligible for re-appointment. A non-executive
            director shall not be eligible to hold office as a director of the Foundation
            Trust for more than nine consecutive years.

2.          If a non-executive director is willing to be considered for re-appointment at
            the conclusion of their first term of office, the Council of Governors is not
            obliged to follow the procedures below for the appointment of non-
            executive directors.

Appointment and Removal of Chairman and other Non-executive directors

3.          Non-executive Directors are to be appointed by the Council of Governors
            using the following procedure.

            3.1         The Council of Governors will maintain a policy for the composition
                        of the non-executive Directors which takes account of the
                        membership strategy, and which they shall review from time to time
                        and not less than every three years.

            3.2         The Board of Directors will work with an external organisation
                        recognised as expert at appointments to identify the skills and
                        experience required for non-executive Directors.

            3.3         Appropriate candidates (not more than five for each vacancy) will be
                        identified by a Nominations Committee through a process of open
                        competition, which take account of the policy maintained by the
                        Council of Governors and the skills and experience required.

            3.4         The Nominations Committee will comprise the Chairman of the
                        Foundation Trust (or, when a Chairman is being appointed, the
                        Deputy Chairman unless he is standing for appointment, in which
                        case another non-executive director), the Chief Executive, two
                        elected Governors and one Appointed Governor. The chairman of
                        another Foundation Trust will be invited to act as an independent
                        assessor to the Nominations Committee.

4.          The removal of the Chairman or another non-executive Director shall be in
            accordance with the following procedures.




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            4.1         Any proposal for removal must be proposed by a Governor and
                        seconded by not less than ten Governors including at least two
                        elected Governors and two appointed Governors.

            4.2         Written reasons for the proposal shall be provided to the non-
                        executive Director in question, who shall be given the opportunity to
                        respond to such reasons.

            4.3         In making any decision to remove a non-executive Director, the
                        Council of Governors shall take into account the annual appraisal
                        carried out by the Chairman.

            4.4         If any proposal to remove a non-executive Director is not approved
                        at a meeting of the Council of Governors, no further proposal can be
                        put forward to remove such non-executive Director based upon the
                        same reasons within 12 months of the meeting.

Further provisions as to disqualification of Directors

5.          A person may not become or continue as a Director of the Foundation
            Trust if:

            5.1         they are a member of the Council of Governors or a governor or
                        (unless the Board of Directors so approves) a director of an NHS
                        body;

            5.2         they are a member of the Foundation Trust’s Patient’s Forum;

            5.3         they are the spouse, partner, parent or child of a member of the
                        Board of Directors of the Foundation Trust;

            5.4         they are a member of a local authority’s Scrutiny Committee
                        covering health matters;

            5.5         they are the subject of a disqualification order made under the
                        Company Directors Disqualification Act 1986;

            5.6         they are a person whose tenure of office as a Chairman or as a
                        member or director of an NHS body has been terminated on the
                        grounds that their appointment is not in the interests of the health
                        service, for non attendance at meetings, or for non-disclosure of a
                        pecuniary interest;

            5.7         they have within the preceding two years been dismissed, otherwise
                        than by reason of redundancy, from any paid employment with an
                        NHS body;

            5.8         in the case of a non-executive Director they have refused without
                        reasonable cause to fulfill any training requirement established by
                        the Board of Directors; or




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            5.9         they have refused to sign and deliver to the Secretary a statement in
                        the form required by the Board of Directors confirming acceptance of
                        the code of conduct for Directors.

Meetings of the Board of Directors

6.          Save in the case of emergencies or the need to conduct urgent business,
            the Secretary shall give to all Directors at least fourteen days written notice
            of the date and place of every meeting of the Board of Directors.

7.          Four times in every Financial Year, the meeting of the Board of Directors
            shall be open to members of the public unless the Board of Directors
            decides otherwise in relation to all or part of such meeting for reasons of
            commercial confidentiality or on other proper grounds. Other meetings of
            the Board of Directors shall be held in private. The Chairman may exclude
            any member of the public from a meeting of the Board of Directors if they
            are interfering with or preventing the proper conduct of the meeting.

8.          Meetings of the Board of Directors may be called by the Secretary, or by
            the Chairman or by four Directors who give written notice to the Secretary
            specifying the business to be carried out. The Secretary shall send a
            written notice to all Directors as soon as possible after receipt of such a
            request. The Secretary shall call a meeting on at least fourteen but not
            more than twenty-eight days’ notice to discuss the specified business. If
            the Secretary fails to call such a meeting then the Chairman or four
            Directors, whichever is the case, shall call such a meeting.

9.          Four Directors including not less than two executive Directors (one of
            whom must be the Chief Executive or the Deputy Chief Executive and not
            less than two non-executive Directors (one of whom must be the Chairman
            or the Deputy Chairman of the Board of Directors) shall form a quorum.

10.         The Board of Directors may agree that its members can participate in its
            meetings by telephone, video or computer link. Participation in a meeting
            in this manner shall be deemed to constitute presence in person at the
            meeting.

11.         The Chairman of the Foundation Trust or, in their absence, the Deputy
            Chairman of the Board of Directors, is to chair meetings of the Board of
            Directors.

12.         Subject to the following provisions of this paragraph, questions arising at a
            meeting of the Board of Directors shall be decided by a majority of votes.

            12.1        In case of an equality of votes the Chairman shall have a second
                        and casting vote.

            12.2        No resolution of the Board of Directors shall be passed if it is
                        opposed by all of the non-executive Directors present or by all of the
                        executive Directors present.




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Expenses

13.         The Foundation Trust may reimburse executive Directors travelling and
            other costs and expenses incurred in carrying out their duties at such rates
            as the remuneration committee of non-executive Directors decides. These
            are to be disclosed in the annual report.

14.         The remuneration and allowances for Directors are to be disclosed in
            bands in the annual report.




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ANNEX 7 – STANDING ORDERS FOR THE PRACTICE AND PROCEDURE OF
                  THE COUNCIL OF GOVERNORS

                                            (Paragraph 14)

1           INTERPRETATION

            In these Standing Orders:

            (a)         unless the context otherwise requires, the following expressions
                        have the following meanings:

                          “the Board”                means the board of directors of the
                                                     Foundation Trust from time to time;


                          “the Chair”                means the Chairman of the Foundation
                                                     Trust, or, in relation to the function of
                                                     presiding at or chairing a meeting where
                                                     another person is carrying out that role as
                                                     required by the Constitution, such person;


                          “the Constitution”         means the constitution of the Foundation
                                                     Trust as amended from time to time;


                          “the Council”              means the Council of Governors of the
                                                     Foundation Trust from time to time;


                          “the Foundation            means Blackpool Fylde and Wyre
                          Trust”                     Hospitals NHS Foundation Trust;


                          “Meeting”                  means a duly convened meeting of the
                                                     Council;


                          “Question on               means a question from a Governor or
                          Notice”                    Governors (notice of which has been given
                                                     pursuant to Standing Order 7) about a
                                                     matter over which the Council has powers
                                                     or duties or which affects the services
                                                     provided by the Foundation Trust;


                          “the Secretary”            means the Secretary appointed under the
                                                     Constitution;



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            (b)         other terms defined in the Constitution shall have the same meaning
                        in these Standing Orders.

2           THESE STANDING ORDERS

            These Standing Orders for the Practice and Procedures of the Council of
            Governors are the standing orders referred to in paragraph 15 of the
            Constitution. They may be amended in accordance with the procedure set
            out in Standing Order 19 below. If there is any conflict between these
            Standing Orders and the Constitution, the Constitution shall prevail.

3           MEETINGS

            Meetings of the Council shall be held at regular intervals (normally in April,
            July, October and January of each year) at such times and places as the
            Chair may determine from time to time. The Secretary will publish the
            dates, times and locations of meetings of the Council for the year 6 months
            in advance. Other, or emergency, meetings of the Council may be called in
            accordance with the Constitution.

4           AGENDAS AND PAPERS

            An agenda, copies of any Questions on Notice and/or motions on notice to
            be considered at the relevant Meeting and any supporting papers shall be
            sent to each Governor so as to arrive with each Governor normally no later
            than 7 days in advance of each Meeting. Minutes of the previous Meeting
            will be circulated with these papers for approval and this will be a specific
            agenda item.

5           REPORTS FROM THE EXECUTIVE DIRECTORS

            At any Meeting a Governor may ask any question through the Chair without
            notice on any report by an executive director, or other officer of the
            Foundation Trust, after that report has been received by or while such
            report is under consideration by the Council at the Meeting. Unless the
            Chair decides otherwise no statements will be made other than those
            which are strictly necessary to define any question posed and in any event
            no statements will be allowed to last longer than 3 minutes each. A
            Governor who has put such a question may also put one supplementary
            question if the supplementary question arises directly out of the reply given
            to the initial question. The Chair may, in its absolute discretion, reject any
            question from any Governor if in the opinion of the Chair the question is
            substantially the same and relates to the same subject matter as a
            question which has already been put to that Meeting or a previous Meeting.
            At the absolute discretion of the Chair, questions may, at any Meeting
            which is held in public, be asked of the executive directors present by
            members of the Foundation Trust or any other members of the public
            present at the Meeting.


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6           QUESTIONS ON NOTICE AT MEETINGS

            Subject to the provisions of Standing Order 7, a Governor may ask a
            Question on Notice of:

             (a)        the Chair;

             (b)        another Governor;

             (c)        an executive director of the Foundation Trust;

             (d)        the chair of any sub-committee or working group of the Council.

7           NOTICE OF QUESTIONS

            Notice of a Question on Notice must be given in writing to the Secretary at
            least 14 days prior to the relevant Meeting. For the purposes of this
            Standing Order 7, receipt of any such Questions on Notice via electronic
            means is acceptable.

8           RESPONSE TO A QUESTION ON NOTICE

            An answer to a Question on Notice may take the form of:

            (a)         a direct oral answer at the relevant Meeting (which may, where the
                        desired information is in a publication of the Foundation Trust or
                        other published work, take the form of a reference to that
                        publication);

            (b)         where the reply cannot conveniently be given orally at the relevant
                        Meeting, a written answer which will be circulated as soon as
                        reasonably practicable to the questioner and to the other Governors
                        with the agenda for the next Meeting; or

            (c)         a brief oral answer at the relevant Meeting supplemented by a
                        written answer circulated as soon as reasonably practicable to the
                        questioner and to the other Governors with the agenda for the next
                        Meeting.

9           SUPPLEMENTARY QUESTIONS IN RESPECT OF A QUESTION ON
            NOTICE

            Supplementary questions for the purpose of clarification of a reply to a
            Question on Notice may be asked at the absolute discretion of the Chair.

10          MOTIONS ON NOTICE

            (a)         Notice




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                        Subject to Standing Order 11, a motion may only be submitted by
                        Governors and must be received by the Secretary in writing at least
                        14 days prior to the Meeting at which it is proposed to be
                        considered, together with any relevant supporting papers. Except
                        for motions which can be moved without notice under Standing
                        Order 11, the notice of every motion must be signed or transmitted
                        by at least two Governors. For the purposes of this Standing Order
                        10, receipt of any such motions via electronic means is acceptable.
                        All motions received by the Secretary will be acknowledged by the
                        Secretary in writing to the Governors who have signed or transmitted
                        the same.

            (b)         Scope

                        Motions may only be about matters for which the Council has a
                        responsibility or which affect the services provided by the
                        Foundation Trust.

11          MOTIONS WITHOUT NOTICE

            The following motions may be moved at any Meeting without notice:

            (a) in relation to the accuracy of the minutes of the previous Meeting;

            (b) to change the order of business in the agenda for the Meeting;

            (c) to refer a matter discussed at a Meeting to an appropriate body or
                  individual;

            (d) to appoint a working group arising from an item on the agenda for the
                  Meeting;

            (e) to receive reports or adopt recommendations made by the Board;

            (f) to withdraw a motion;

            (g) to amend a motion;

            (h) to proceed to the next business on the agenda;

            (i) that the question be now put;

            (j) to adjourn a debate;

            (k) to adjourn a Meeting;

            (l) to suspend a particular Standing Order contained within these Standing
                  Orders (provided that any Standing Order may only be suspended if at
                  least one half of the aggregate number of Governors are present at the
                  Meeting in question and provided also that the Standing Order in




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                  question may only be suspended for the duration of the Meeting in
                  question);

            (m) to exclude the public and press from the Meeting in question (the
                  motion shall be “To exclude the press and public from the remainder of
                  the Meeting, owing to the confidential nature of the business to be
                  transacted.”);

            (n) to not hear further from a Governor, or to exclude them from the
                  Meeting in question (if a Governor persistently disregards the ruling of
                  the Chair or behaves improperly or offensively or deliberately obstructs
                  business, the Chair, in its absolute discretion, may move that the
                  Governor in question be not heard further at the Meeting in question. If
                  seconded, the motion will be voted on without discussion. If the
                  Governor continues to behave improperly after such a motion is carried,
                  the Chair may move that either the Governor leaves the meeting room
                  or that the Meeting in question is adjourned for a specified period. If
                  seconded, the motion will be voted on without discussion);

            (o) to give the consent of the Council to any matter where its consent is
                  required pursuant to the Constitution.

12          URGENT MOTIONS OR QUESTIONS

            Urgent motions or questions may only be submitted by a Governor and
            must be received by the Secretary in writing before the commencement of
            the Meeting in question. The Chair shall decide whether the motion or
            question in question should be tabled.

13          ANY OTHER BUSINESS

            There will not be an agenda item entitled “Any Other Business”. Instead,
            there will an item for “Motions or Questions on Notice”, (which are subject
            to the other provisions of these Standing Orders). There will be another
            item for “Urgent Motions or Questions”, (which are subject to Standing
            Order 12).

14          SPEAKING

            This Standing Order applies to all forms of speech/debate by Governors or
            members of the Foundation Trust and the public in relation to the motion or
            question under discussion at a Meeting.

            (a)         Content and Length of Speeches

                        Any approval to speak must be given by the Chair. Speeches must
                        be directed to the matter, motion or question under discussion or to
                        a point of order. Unless in the opinion of the Chair it would not be
                        desirable or appropriate to time limit speeches on any topic to be
                        discussed having regard to its nature complexity or importance, no



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                        proposal, speech, nor any reply, may exceed three minutes. In the
                        interests of time the Chair may, in its absolute discretion, limit the
                        number replies questions or speeches which are heard at any one
                        Meeting.

            (b)         When a person may speak again

                        A person who has already spoken on a matter at a Meeting may not
                        speak again at that Meeting in respect of the same matter, except:

                        (i)      in exercise of a right of reply;

                        (ii)     on a point of order.

            (c)         Identification

                        All speakers must state their name and role before starting to speak
                        to ensure the accuracy of the minutes.

15          VOTING

            All questions put to the vote shall, at the discretion of the Chair, be decided
            by a show of hands. A paper ballot may be used if a majority of the
            Governors present so request.

16          ATTENDANCE

            Governors who are unable to attend a Meeting shall notify the Secretary in
            writing in advance of the Meeting in question so that their apologies may be
            submitted.

17          QUORUM

            The quorum for a Meeting will be as set out in the Constitution.

18          CHAIR

            The arrangements for presiding at or chairing meetings of the Council of
            Governors are set out in the Constitution.

19          AMENDMENTS TO STANDING ORDERS

            These Standing Orders may only be amended at a Meeting. A motion to
            change the Standing Orders must be signed by five Governors and
            submitted to the Secretary in writing at least 21 days before the Meeting at
            which the motion is intended to be proposed.




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20          DISPUTE BETWEEN THE COUNCIL AND THE BOARD

            In the event of any unresolved dispute between the Council and the Board,
            the Chair or the Secretary may arrange for independent professional
            advice to be obtained for the Foundation Trust. The Chair may also initiate
            an independent review to investigate and make recommendations in
            respect of how the dispute may be resolved.




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ANNEX 8 – STANDING ORDERS FOR THE PRACTICE AND PROCEDURE OF
                   THE BOARD OF DIRECTORS

                                 (Paragraph 26)




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                        ANNEX 9 – ADDITIONAL PROVISIONS – MEMBERS

                                        (Paragraphs 4 and 8.3)



1.          DISQUALIFICATION FROM MEMBERSHIP

            1.1         An individual may not become a member of the Foundation Trust if:

                        1.1.1     they are under 16 years of age; or

                        1.1.2     within the last five years they have been involved as a
                                  perpetrator in a serious incident of violence at any of the
                                  Foundation Trust’s hospitals or facilities or against any of
                                  the Foundation Trust’s employees or other persons who
                                  exercise functions for the purposes of the Foundation
                                  Trust, or against any registered volunteer.

2.          TERMINATION OF MEMBERSHIP

            2.1         A member shall cease to be a member if:

                        2.1.1     they resign by notice to the Secretary;

                        2.1.2     they die;

                        2.1.3     they are expelled from membership under this
                                  constitution;

                        2.1.4     they cease to be entitled under this constitution to be a
                                  member of the Public Constituency or of any of the
                                  classes of the Staff Constituency;

                        2.1.5     it appears to the Secretary that they no longer wish to be
                                  a member of the Foundation Trust, and after enquiries
                                  made in accordance with a process approved by the
                                  Council of Governors, they fail to demonstrate that they
                                  wish to continue to be a member of the Foundation Trust.

            2.2         A member may be expelled by a resolution approved by not less
                        than two-thirds of the Governors present and voting at a General
                        Meeting. The following procedure is to be adopted.

                        2.2.1     Any member may complain to the Secretary that another
                                  member has acted in a way detrimental to the interests of
                                  the Foundation Trust.

                        2.2.2     If a complaint is made, the Council of Governors may itself
                                  consider the complaint having taken such steps as it
                                  considers appropriate to ensure that each member’s point
                                  of view is heard and may either:


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                                  2.2.2.1        dismiss the complaint and take no further
                                                 action; or

                                  2.2.2.2        for a period not exceeding twelve months
                                                 suspend the rights of the member
                                                 complained of to attend members meetings
                                                 and vote under this constitution;

                                  2.2.2.3        arrange for a resolution to expel the member
                                                 complained of to be considered at the next
                                                 General Meeting of the Council of
                                                 Governors.

                        2.2.3     If a resolution to expel a member is to be considered at a
                                  General Meeting of the Council of Governors, details of
                                  the complaint must be sent to the member complained of
                                  not less than one calendar month before the meeting with
                                  an invitation to answer the complaint and attend the
                                  meeting.

                        2.2.4     At the meeting the Council of Governors will consider
                                  evidence in support of the complaint and such evidence
                                  as the member complained of may wish to place before
                                  them.

                        2.2.5     If the member complained of fails to attend the meeting
                                  without due cause the meeting may proceed in their
                                  absence.

            2.3         A person expelled from membership will cease to be a member
                        upon the declaration by the Chairman of the meeting that the
                        resolution to expel them is carried.

            2.4         No person who has been expelled from membership is to be re-
                        admitted except by a resolution carried by the votes of two-thirds of
                        the Council of Governors present and voting at a General Meeting.

3.          MEMBERS MEETINGS

            3.1         The Foundation Trust is to hold a members meeting (called the
                        annual members meeting) within nine months of the end of each
                        financial year.

            3.2         All members meetings other than annual meetings are called special
                        members meetings.

            3.3         Members meetings are open to all members of the Foundation
                        Trust, Governors and Directors, and representatives of the auditor,
                        but not to members of the public unless the Council of Governors
                        decides otherwise. The Council of Governors may invite
                        representatives of the media and any experts or advisors whose



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                        attendance they consider to be in the best interests of the
                        Foundation Trust to attend a members meeting.

            3.4         All members meetings are to be convened by the Secretary by order
                        of the Council of Governors.

            3.5         The Council of Governors may decide where a members meeting is
                        to be held and may also for the benefit of members:

                        3.5.1     arrange for the annual members meeting to be held in
                                  different venues each year:

                        3.5.2     make provisions for a members meeting to be held at
                                  different venues simultaneously or at different times. In
                                  making such provision the Council of Governors shall also
                                  fix an appropriate quorum for each venue, provided that
                                  the aggregate of the quorum requirements shall not be
                                  less than the quorum set out below.

            3.6         At the annual members meeting:

                        3.6.1     the Board of Directors shall present to the members:

                                  3.6.1.1        the annual accounts;

                                  3.6.1.2        any report of the auditor;

                                  3.6.1.3        any report of any other external auditor of
                                                 the Foundation Trust’s affairs; and

                                  3.6.1.4        forward planning information for the next
                                                 Financial Year

                        3.6.2     the Council of Governors shall present to the members a
                                  report on:

                                  3.6.2.1        steps taken to secure that (taken as a
                                                 whole) the actual membership of the Public
                                                 Constituency and of the classes of the Staff
                                                 Constituency is representative of those
                                                 eligible for such membership;

                                  3.6.2.2        the progress of the membership strategy;
                                                 and

                                  3.6.2.3        any proposed changes to the policy for the
                                                 composition of the Council of Governors and
                                                 of the non-executive Directors

                        3.6.3     the results of the election and appointment of Governors
                                  and the appointment of non-executive Directors will be
                                  announced.


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            3.7         Notice of a members meeting is to be given:

                        3.7.1     by notice to all members;

                        3.7.2     by notice prominently displayed at the head office and at
                                  all of the Foundation Trust’s places of business; and

                        3.7.3     by notice on the Foundation Trust’s website

                        at least 14 clear days before the date of the meeting. The notice
                        must:

                        3.7.4     be given to the Council of Governors and the Board of
                                  Directors, and to the auditor;

                        3.7.5     state whether the meeting is an annual or special
                                  members meeting;

                        3.7.6     give the time, date and place of the meeting; and

                        3.7.7     indicate the business to be dealt with at the meeting.

            3.8         Before a members meeting can do business there must be a
                        quorum present. Except where this constitution says otherwise a
                        quorum is one member present from each of the Foundation Trust’s
                        constituencies.

            3.9         The Foundation Trust may make arrangements for members to vote
                        by post, or by using electronic communications.

            3.10        It is the responsibility of the Council of Governors, the Chairman of
                        the meeting and the Secretary to ensure that at any members
                        meeting:

                        3.10.1    the issues to be decided are clearly explained;

                        3.10.2    sufficient information is provided to members to enable
                                  rational discussion to take place.

            3.11        The Chairman of the Foundation Trust, or in their absence the
                        Deputy Chairman of the Board of Directors, shall act as chairman at
                        all members meetings of the Foundation Trust. If neither the
                        Chairman nor the Deputy Chairman of the Board of Directors is
                        present, the members of the Council of Governors present shall
                        elect one of their number to be Chairman and if there is only one
                        Governor present and willing to act they shall be Chairman.

            3.12        If no quorum is present within half an hour of the time fixed for the
                        start of the meeting, the meeting shall stand adjourned to the same
                        day in the next week at the same time and place or to such time and
                        place as the Council of Governors determine. If a quorum is not
                        present within half an hour of the time fixed for the start of the


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                        adjourned meeting, the number of members present during the
                        meeting is to be a quorum.

            3.13        A resolution put to the vote at a members meeting shall be decided
                        upon by a poll.

            3.14        Every member present and every member who has voted by post or
                        using electronic communications is to have one vote. In the case of
                        an equality of votes the Chairman of the meeting is to have a
                        second and casting vote.

            3.15        The result of any vote will be declared by the Chairman and entered
                        in the minute book. The minute book will be conclusive evidence of
                        the result of the vote.




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                                 ANNEX 10 – FURTHER PROVISIONS




1.          COMMITMENTS

            1.1         The Foundation Trust shall exercise its functions effectively,
                        efficiently and economically.

            Representative membership

            1.2         The Foundation Trust shall at all times strive to ensure that taken as
                        a whole its actual membership is representative of those eligible for
                        membership. To this end:

                        1.2.1     the Foundation Trust shall at all times have in place and
                                  pursue a membership strategy which shall be approved by
                                  the Council of Governors, and shall be reviewed by them
                                  from time to time, and at least every three years,

                        1.2.2     the Council of Governors shall present to each annual
                                  members meeting a report on:

                                  1.2.2.1         steps taken to secure that (taken as a
                                                  whole) the actual membership of the Public
                                                  Constituency and of the classes of the Staff
                                                  Constituency is representative of those
                                                  eligible for such membership;

                                  1.2.2.2         the progress of the membership strategy;

                                  1.2.2.3         any changes to the membership strategy.

            Co-operation with NHS bodies and local authorities

            1.3         In exercising its functions the Foundation Trust shall co-operate with
                        NHS bodies and local authorities.

            Openness

            1.4         In conducting its affairs, the Foundation Trust shall have regard to
                        the need to provide information to members and conduct its affairs
                        in an open and accessible way.

            Prohibiting distribution

            1.5         The profits or surpluses of the Foundation Trust are not to be
                        distributed either directly or indirectly in any way at all among
                        members of the Foundation Trust.




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2.          FRAMEWORK

            2.1         The affairs of the Foundation Trust are to be conducted by the
                        Board of Directors, the Council of Governors and the members in
                        accordance with this constitution and the Foundation Trust’s
                        authorisation. The members, the Council of Governors and the
                        Board of Directors are to have the roles and responsibilities set out
                        in this constitution.

            Members

            2.2         Members may attend and participate at members meetings, vote in
                        elections to, and stand for election to, the Council of Governors, and
                        take such other part in the affairs of the Foundation Trust as is
                        provided in this constitution.

            Council of Governors

            2.3         The roles and responsibilities of the Council of Governors, which are
                        to be carried out in accordance with this constitution and the
                        Foundation Trust’s terms of Authorisation, are:

                        2.3.1     at a General Meeting:

                                  2.3.1.1        to appoint or remove the Chairman and the
                                                 other non-executive Directors;

                                  2.3.1.2        to approve an appointment (by the non-
                                                 executive Directors) of the Chief Executive;

                                  2.3.1.3        to decide the remuneration and allowances,
                                                 and the other terms and conditions of office,
                                                 of the non-executive Directors;

                                  2.3.1.4        to appoint or remove the Foundation Trust’s
                                                 auditor;

                                  2.3.1.5        to appoint or remove any other external
                                                 auditor appointed to review and publish a
                                                 report on any other aspect of the Foundation
                                                 Trust’s affairs;

                                  2.3.1.6        to be presented with the annual accounts,
                                                 any report of the auditor on them and the
                                                 annual report;

                        2.3.2     to provide their views to the Board of Directors when the
                                  Board of Directors is preparing the document containing
                                  information about the Foundation Trust’s forward
                                  planning;




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                        2.3.3     to respond as appropriate when consulted by the Board of
                                  Directors in accordance with this constitution;

                        2.3.4     to undertake such functions as the Board of Directors
                                  shall from time to time request;

                        2.3.5     to prepare and from time to time review the Foundation
                                  Trust’s membership strategy and its policy for the
                                  composition of the Council of Governors and of the non-
                                  executive Directors and when appropriate to make
                                  recommendations for the revision of this constitution.

            Board of Directors

            2.4         The business of the Foundation Trust is to be managed by the
                        Board of Directors, who shall exercise all the powers of the
                        Foundation Trust, subject to any contrary provisions of the 2003 Act
                        as given effect by this constitution.

3.          SECRETARY

            3.1         The Foundation Trust shall have a Secretary who may be an
                        employee. The Secretary may not be a Governor, or the Chief
                        Executive or the Finance Director. The Secretary’s functions shall
                        include:

                        3.1.1     acting as Secretary to the Council of Governors and the
                                  Board of Directors, and any committees;

                        3.1.2     summoning and attending all members meetings,
                                  meetings of the Council of Governors and the Board of
                                  Directors, and keeping the minutes of those meetings;

                        3.1.3     keeping the register of members and other registers and
                                  books required by this constitution to be kept;

                        3.1.4     having charge of the Foundation Trust’s seal;

                        3.1.5     publishing to members in an appropriate form information
                                  which they should have about the Foundation Trust’s
                                  affairs;

                        3.1.6     preparing and sending to Monitor and any other statutory
                                  body all returns which are required to be made.

            3.2         Minutes of every members meeting, of every meeting of the Council
                        of Governors and of every meeting of the Board of Directors are to
                        be kept. Minutes of meetings will be read at the next meeting and
                        signed by the Chairman of that meeting. The signed minutes will be
                        conclusive evidence of the events of the meeting.




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            3.3         The Secretary is to be appointed and removed by the Board of
                        Directors, in consultation with the Council of Governors.

            3.4         The Board of Directors of the applicant NHS Trust shall appoint the
                        first Secretary of the Foundation Trust.

4.          FURTHER PROVISIONS AS TO AUDITOR AND OTHER EXTERNAL
            AUDITORS

            4.1         A person may only be appointed as the auditor if they (or in the case
                        of a firm each of its members) are a member of one or more of the
                        bodies referred to in paragraph 23 (4) of Schedule 1 to the 2003 Act.

            4.2         An officer of the Audit Commission may be appointed as auditor with
                        the agreement of the Audit Commission. Where an officer of the
                        Audit Commission is appointed as auditor, the Commission is to
                        charge the Foundation Trust such fees for their services as will
                        cover the full cost of providing them.

            4.3         The auditor is to carry out their duties in accordance with Schedule 5
                        to the 2003 Act and in accordance with any directions given by
                        Monitor on standards, procedures and techniques to be adopted.

            4.4         The Board of Directors may resolve that external auditors be
                        appointed to review and publish a report on any other aspect of the
                        Foundation Trust’s performance. Any such auditors are to be
                        appointed by the Council of Governors.

5.          FURTHER PROVISIONS AS TO ACCOUNTS

            5.1         The following documents will be made available to the Comptroller
                        and Auditor General for examination at his request:

                        5.1.1     the accounts;

                        5.1.2     any records relating to them; and

                        5.1.3     any report of the auditor on them.

            5.2         In preparing its annual accounts, the Accounting Officer shall cause
                        the Foundation Trust to comply with any directions given by Monitor
                        with the approval of the Treasury as to:

                        5.2.1     the methods and principles according to which the
                                  accounts are to be prepared;

                        5.2.2     the information to be given in the accounts;

                        and shall be responsible for the functions of the Foundation Trust as
                        set out in paragraph 25 of Schedule 1 to the 2003 Act.

            5.3         The Accounting Officer shall cause the Foundation Trust to:


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                        5.3.1     lay a copy of the annual accounts, and any report of the
                                  auditor on them, before Parliament; and

                        5.3.2     once it has done so, send copies of those documents to
                                  Monitor.

6.          FURTHER PROVISIONS AS TO ANNUAL REPORTS

            6.1         The annual reports are to give:

                        6.1.1     information on any steps taken by the Foundation Trust to
                                  secure that (taken as a whole) the actual membership of
                                  the Public Constituency and of the classes of the Staff
                                  Constituency is representative of those eligible for such
                                  membership; and

                        6.1.2     any other information Monitor requires.

            6.2         The Foundation Trust is to comply with any decision Monitor makes
                        as to:

                        6.2.1     the form of the reports;

                        6.2.2     when the reports are to be sent to it;

                        6.2.3     the periods to which the reports are to relate.

7.          INDEMNITY

            Members of the Council of Governors and the Board of Directors and the
            Secretary who act honestly and in good faith will not have to meet out of
            their personal resources any personal civil liability which is incurred in the
            execution or purported execution of their functions, save where they have
            acted recklessly. Any costs arising in this way will be met by the
            Foundation Trust. The Foundation Trust may purchase and maintain
            insurance against this liability for its own benefit and for the benefit of
            members of the Council of Governors and the Board of Directors and the
            Secretary.

8.          DISPUTE RESOLUTION PROCEDURES

            8.1         Every unresolved dispute which arises out of this constitution
                        between the Foundation Trust and:

                        8.1.1     a member; or

                        8.1.2     any person aggrieved who has ceased to be a member
                                  within the six months prior to the date of the dispute; or

                        8.1.3     any person bringing a claim under this constitution; or

                        8.1.4     an office-holder of the Foundation Trust



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                        is to be submitted to an arbitrator agreed by the parties or in the
                        absence of agreement to be nominated by the Strategic Health
                        Authority. The arbitrator’s decision will be binding and conclusive on
                        all parties.

            8.2         Any person bringing a dispute must, if required to do so, deposit with
                        the Foundation Trust a reasonable sum (not exceeding £250) to be
                        determined by the Council of Governors and approved by the
                        Secretary. The arbitrator will decide how the costs of the arbitration
                        will be paid and what should be done with the deposit.

9.          DISSOLUTION

            The Foundation Trust may not be dissolved except by order of the
            Secretary of State for Health, in accordance with the 2003 Act.

10.         HEAD OFFICE

            The Foundation Trust’s head office is at Trust Headquarters, Victoria
            Hospital, Whinney Heys Road, Blackpool, FY3 8NR or such other place as
            the Board of Directors shall decide.

11.         NOTICES

            11.1        Any notice required by this constitution to be given shall be given in
                        writing or shall be given using electronic communications to an
                        address for the time being notified for that purpose. “Address” in
                        relation to electronic communications includes any number or
                        address used for the purposes of such communications.

            11.2        Proof that an envelope containing a notice was properly addressed,
                        prepaid and posted shall be conclusive evidence that the notice was
                        given. A notice shall be treated as delivered 48 hours after the
                        envelope containing it was posted or, in the case of a notice
                        contained in an electronic communication, 48 hours after it was sent.

12.         FURTHER PROVISIONS AS TO TRANSITION

            12.1        The Board of Directors of the applicant NHS Trust shall prepare and
                        approve the first membership strategy and the first policy for the
                        composition of the Council of Governors and of the non-executive
                        Directors.

            12.2        These will be reviewed by the Council of Governors following the
                        election and appointment of the initial Governors.

            12.3        For the purposes of the period before the applicant NHS Trust
                        becomes the Foundation Trust:

                        12.3.1    elections shall be carried out in accordance with the
                                  Model Rules for Elections set out at Annex 4, using the
                                  single transferable vote method of voting;


Corp:2504543:1 2 February 2007                Page 78 of 79
                        12.3.2   the Chief Executive of the applicant NHS Trust will
                                 approve

                                 12.3.2.1      a membership application form;

                                 12.3.2.2      a form of declaration required by section 36
                                               (1) of the 2003 Act;

                                 12.3.2.3      a form of declaration required by section 36
                                               (2) of the 2003 Act;

                                 12.3.2.4      a form of declaration required by section 36
                                               (3) of the 2003 Act;

                                 12.3.2.5      a form confirming acceptance of a code of
                                               conduct for Governors;

                        12.3.3   the Chief Executive of the applicant NHS Trust will consult
                                 and agree arrangements with the appointing organisations
                                 for the appointment of appointed Governors;

                        12.3.4   the Chief Executive of the applicant NHS Trust shall make
                                 a final decision about the class of the Staff Constituency
                                 of which an individual is eligible to be a member.




Corp:2504543:1 2 February 2007              Page 79 of 79
                                                                         Appendix 1.4




     Public Consultation Response and Evidence of
           Staff Engagement and Involvement

Background

This report outlines the process, and outcomes, of our formal public
consultation, undertaken as part of our application to become an NHS
Foundation Trust.

1. Trust Name

   Blackpool, Fylde and Wyre Hospitals NHS Trust

2. Area served by the Trust

   The Trust is a large acute hospital trust providing services from Blackpool
   Victoria Hospital (the main district general hospital), Clifton Hospital,
   Fleetwood Hospital, Wesham Hospital Rehabilitation Unit, Bispham
   Hospital Rehabilitation Unit, Rossall Hospital Rehabilitation Unit, Blenheim
   House child development centre and the National Artificial Eye Service.
   The Trust also provides specialist tertiary services (cardiac and
   haematological cancers) to the wider population of Cumbria and
   Lancashire.

3. Contact details of person responsible for the public consultation

   Mandie Sunderland
   Director of Nursing and Quality
   Blackpool, Fylde and Wyre Hospitals NHS Trust
   Whinney Heys Road
   Blackpool Victoria NHS Trust
   FY3 8NR

   Direct line: 01253 303470
   Email: mandie.sunderland@bfwhospitals.nhs.uk

About the Public Consultation

Around 18,000 consultation documents were circulated during the public
consultation – 15,000 public summary documents and 3,000 full consultation
documents. These were widely distributed across Blackpool, Fylde and Wyre.
Consultations packs were also circulated to interest groups across Lancashire
and every NHS Trust in the North West. The Trust was assisted by the
                                                                           Appendix 1.4

Blackpool, Fylde and Wyre Council for Voluntary Services who mailed out
consultation packs to 300 registered voluntary groups across the Fylde Coast.

Consultation documents were sent directly to our stakeholders, including
MPs, local authorities, primary care trusts, acute hospital trusts, mental health
trust, ambulance service trust, Strategic Health Authority, voluntary groups
and community organisations. Copies were also sent to every member of
Trust staff and local unions.

Several consultation packs and posters advertising our public events were
distributed to every GP surgery, health centre, dentist, optician, pharmacist,
and library across Blackpool, Fylde and Wyre. They were also placed in our
outpatients departments, A&E department, Welcomers Desk, PALS
information offices, visitors dining areas and community hospitals.

In order to raise awareness of the public consultation we developed a
dedicated website, placed editorial and adverts in the local newspaper and
circulated posters. We also did a number of interviews on local and regional
radio stations. The Chief Executive was a special guest on the BBC Radio
Lancashire Bus to talk about our Foundation Trust proposals. Throughout the
consultation we ran more than 500 advertisements on Radio Wave, had more
than 100 presenter feeds during peak time programmes and information
packs and membership forms were distributed in all correspondence from
Radio Wave. Information was placed in Your Blackpool (Blackpool Council
magazine) which was distributed to 100,000 households.

More than 700 groups or individuals were contacted throughout our public
membership catchment area. (A list is attached at Appendix A)

Display boards and information stands were placed in the hospitals
outpatients departments, libraries and local community centres. We
developed a dedicated website and intranet site. We also agreed a link from
the Blackpool Borough Council consultation website to the Trust Foundation
website. Throughout the consultation period we had 53,435 hits on the
Foundation Trust web pages, of these around 25 per cent were on our Trust’s
staff intranet site and 75 per cent on the external site.

4. Dates of public consultation

             Started                                     Finished
 Monday November 6th 2006                  Friday February 2nd 2007

We have continued to engage with key stakeholders since the formal
consultation period ended.

5. Which media were used for the public consultation document?

Media                                                      Yes          No
Full consultation document in hard copy
                                                                        Appendix 1.4

Summary consultation document in hardcopy
Web based consultation document, summary
document, feedback form, membership form (internet
and intranet)
Audio Tape/CD Rom
Large print versions/Braille
(available on request)
Version in ethnic languages.
(available on request)

Presentations at Public Meetings

The Trust held seven public meetings across Blackpool, Fylde and Wyre at
various times of the day. A meeting was also held in Preston in the evening.
The meetings were held as follows:

Date               Time        Venue                                 Attendees
Monday             12 noon     Board Room, Blackpool PCT,                 2
November 27th                  Seasiders Way, Blackpool
Friday             12 noon     Dicconson Room, Lytham                     4
December 8th                   Assembly Rooms, Lytham
Monday             12 noon     Dicconson Room, Lytham                     6
December 11th                  Assembly Rooms, Lytham
Wednesday          12 noon     North Euston Hotel, Esplanade,            13
January 10th                   Fleetwood
Thursday           6pm         Board Room, Blackpool PCT,                 2
January 18th                   Seasiders Way, Blackpool
Monday January 7pm             Committee Room A, Town Hall,               3
22nd                           Preston
Thursday           7pm         Board Room, Blackpool PCT,                 1
January 25th                   Seasiders Way, Blackpool
Tuesday            6pm         Members Lounge, Wyre Civic                19
             th
January 30                     Centre, Poulton
                                                                        Appendix 1.4

Presentations at other meetings

Presentations were also made at the following local community and interest
groups:

Date           Time       Interest Groups           Venue                    Attendees
Thursday       12 noon    Blackpool Compact         Queen’s Chambers,            7
January 4th               Steering Committee        Queen Street,
                                                    Blackpool
Tuesday        7pm        Layton Area Forum         Collegiate High              53
January 9th                                         School, Blackpool
Monday         7.30pm     St John Ambulance         St Andrew’s Road             19
January 15th              Lytham St Annes           North, Lytham
                          branch
Monday         10am       Blackpool Patient and     Blackpool Town Hall,         8
January 15th              Public Involvement        Blackpool
                          (PPI) Forum
Tuesday        10.30am Blackpool, Fylde and         Boardroom, Trust HQ,         15
January 16th              Wyre Hospitals Patients   Victoria Hospital
                          Panel
Tuesday        7pm        Poulton Area Forum        St Chad’s Church Hall,       60
January 16th                                        Poulton
Wednesday      2pm        Blackpool Equality        Blackpool Town Hall,         50
January 17th              Forum Open Meeting        Blackpool
Thursday       2pm        Blackpool Compact         Claremont Park               20
January 18th              Development Group         Community Centre,
                                                    Blackpool
Monday         7.30pm     St John Ambulance         Hornby Road.                 15
January                   Blackpool Branch          Blackpool
22nd
Monday         8.30pm     St John Ambulance         Kirkham Community            7
January                   Kirkham Branch            Centre, Kirkham
22nd
Monday         7pm        Thornton Area Forum       Thornton Little              75
January 25th                                        Theatre, Thornton
                                                                            Appendix 1.4

Monday         7pm         Fleetwood Area Forum        North Euston Hotel,            40
January 29th                                           Fleetwood
Tuesday        11am        Making Space                Working Space,                 12
January 30th               Blackpool (mental           Holyoake Avenue,
                           health carers               Blackpool
                           organisation)
Monday         2pm         Lancashire Older            Wyre Civic Centre,             16
February 5th               People’s Partnership        Poulton
                           Board


Friday         2pm         Making Space Fylde          Woodlands, Fylde          Awaiting list
February 9th               (mental health carers                                 of attendees
                           organisations)

Information Stands

Information stands and display boards were placed in the following locations
and staff were on hand to give out consultation documents, feedback forms,
expression of interest membership forms and answer questions.

Date              Time        Venue                       Numbers Attended
Tuesday           7pm         Layton Area Forum,            80 packs distributed
January 9th                   Collegiate High School
Monday            2-5pm       Open Day at Blackpool         40 packs distributed
January 15th                  Council for Voluntary
                              Service (CVS)
Thursday          7pm         North Shore Area             15 consultation packs
January 18th                  Forum, Salvation Army                distributed
Monday            2-4pm       Outpatients Department,      100 consultation packs
January 22nd                  Victoria Hospital                    distributed
Tuesday           6.30pm      Bispham Area Forum,          50 consultation packs
January 23rd                  Bispham High School                  distributed
Thursday          1-4pm       Claremont Park               50 consultation packs
January 25th                  Community Centre,                    distributed
                              Claremont Road,
                                                                          Appendix 1.4

                              Blackpool
Thursday           7pm        South Shore Area             50 consultation packs
January 25th                  Forum, Roseacre Junior             distributed
                              School
Thursday           10am-      Palatine Library, St         80 consultation packs
February 1st       5pm        Annes Road, Blackpool              distributed
Thursday           11am       Morrisons Supermarket,      125 consultation packs
February 1st                  St Annes Road,                     distributed
                              Blackpool

Volunteers Events

The Trust has more than 500 volunteers. Three events, which took the form of
a presentation and question and answer session, were held specifically for
volunteers although all volunteers were also invited to the public meetings. All
volunteers received a copy of the consultation document, a letter from the
Chief Executive, frequently asked questions sheet, a feedback form and a
reply sheet giving them the option to opt out of becoming a member.

Date               Time       Venue                       Numbers Attended
Monday             10.30am    Clifton Hospital                       0
January 8th
Thursday           2.30pm     Lancashire Cardiac                     10
January 18th                  Centre, Victoria Hospital
Thursday           10.30am    Dining Room, Rossall                   2
January 25th                  Hospital

Staff Engagement

Staff Bulletins were circulated regularly to all staff to keep them up-to-date
with the Foundation Trust application process and articles were placed in
newsround (weekly electronic news bulletin) and Team Brief. Every member
of staff was sent a letter from the Chief Executive together with a consultation
summary document, frequently asked questions sheet, a feedback form and a
reply sheet giving them the option to opt out of becoming a member. All staff
were encouraged to attend a staff roadshow.

Staff Roadshows

Eight staff roadshows were held at various Trust sites to raise awareness
about the Foundation Trust application and to encourage feedback. The
meetings, which were open to all staff, were held as follows:
                                                                           Appendix 1.4


Date              Time         Venue                                   Attendees
Tuesday           12 noon      Health Professionals Education                 22
November 28th                  Centre, Victoria Hospital
Monday            1pm          Day Room, Wesham Hospital                      9
December 4th                   Rehabilitation Unit
Tuesday           4pm          Dining Room, Bispham Hospital                  7
January 11th                   Rehabilitation Unit
Friday January    1pm          Health Professionals Education                 46
19th                           Centre, Victoria Hospital
Wednesday         4pm          Dining Room, Fleetwood Hospital                7
January 24th
Friday January    10am         Dining Room, National Artificial               18
26th                           Eye Service
Monday January 6pm             Health Professionals Education                 8
29th                           Centre, Victoria Hospital
Tuesday           12 noon      Dining Room, Poulton Offices                   64
January 30th

Other Staff Meetings

Discussions around our plans to become an NHS Foundation Trust were also
held at existing internal forums and meetings. These included:

Date             Time       Venue                    Group/Committee               Attendees
Thursday         1pm        Health Professionals           Medical Staffing           24
November                    Education Centre,                Committee
23rd                        Victoria Hospital
Tuesday          2.30pm     Boardroom, Trust HQ,      Joint Negotiating and           23
November                    Victoria Hospital               Consultative
28th                                                   Committee (JNCC)
Tuesday          10.30am Boardroom, Trust HQ,              Patients Panel             11
December 5th                Victoria Hospital
Thursday         2pm        Boardroom, Trust HQ,     Directorate Managers             13
December 7th                Victoria Hospital
                                                                         Appendix 1.4

Monday           10am       Boardroom, Trust HQ,         Matrons Meeting           18
January 15th                Victoria Hospital
Thursday         1.30pm     Boardroom, Trust HQ,       Clinical Policy Forum       18
November 2nd                Victoria Hospital
Monday           4pm        Maternity Unit, Victoria      Midwifery Staff          17
January 22nd                Hospital                         Meeting

Stakeholder Events

Presentations were held specifically for our stakeholders. These included:

Date              Time         Stakeholder                             Attendees
January 10th      12 noon      Blackpool Primary Care Trust                 26
2007                           Board
January 31st      9.30am       North Lancashire Primary Care                14
2007                           Trust Board
January 16th      5pm          Blackpool Overview and Scrutiny              16
2007                           Committee
            th
January 4         5pm          Lancashire Overview and Scrutiny         Awaiting
2007                           Committee (consultation packs             list of
                               were distributed at this meeting.       attendees
                               However, due to other items on the
                               agenda this item was deferred for
                               discussion until February 13th
                               2007)

An engagement event was held on January 25th 2007 which brought together
our stakeholders, including Primary Care Trust executives and clinicians to
share our Integrated Business Plan and encourage feedback. Comments and
suggestions from this event have been incorporated in the final Business Plan
as outlined in section XX.

6. Number of comments received:

A total of 183 comments forms were received, and these forms, together with
comments and questions at meetings, letters and emails, resulted in the
following number of comments and questions:

These comments and questions are extra to those covered in section 8.
                                                                       Appendix 1.4


Format of response                     Number
Verbally at meetings - comprising
Comments from staff                    42
Comments from patients/public          129
Comments from interested groups        17
Comments on feedback forms
From staff                             80
From public                            308
Comments by letter or email            3
Total                                  579

7. Was the pattern of responses to the public consultation in line with
   the demography and geography of the areas? Were there any areas
   or groups that were not adequately represented in the responses
   received? Please provide explanations where necessary.

The Trust is satisfied that all geographical areas were covered and that the
different demographic needs of the population were met. A very wide mailing
list was used which included representation from all age groups and minority
ethnic populations. Public meetings were held in the constituencies of
Blackpool, Fylde and Wyre. A meeting was also held in Preston.

We feel that those individuals and organisations most closely linked with the
work of the Trust have been actively engaged in our plans to become an NHS
Foundation Trust. We are satisfied that the responses received are
representative of the views of a wide range of stakeholders, patients, public
and staff.

Through the public meetings that have been held, the community groups we
have visited, the wide range of consultation material distributed and through
media work, we are confident that we have engaged with people across all
areas of our catchment area. The figure below shows a breakdown of
responses received via the feedback form. Although a third of people who
have responded have not recorded where they live, we know from the
meetings that they have attended that they are from the local catchment area.




                                                 Blackpool
                                                 Fylde
                                                 Wyre
                                                 Other
                                                 Not recorded
                                                               Appendix 1.4


About the Comments

8. Responses received from stakeholders

MPs

There were no comments from MPs.

Local Authorities

Blackpool Overview      General View         Comments
and Scrutiny
Committee (OSC)
Tuesday January 16th    Broadly Supportive   The OSC supported the
                                             Trust’s proposals and
                                             agreed with the benefits
                                             that the Trust believes
                                             Foundation Trust will
                                             bring
Lancashire Overview     General View         Comments
and Scrutiny
Committee (OSC)

Tuesday February 13th                        (Awaiting comments
                                             from meeting on
                                             February 13th)

PPI Forum

Blackpool Fylde and     General View         Comments
Wyre Hospitals NHS
Trust PPIF
Monday January 15th     Broadly Supportive   The Trust attended the
                                             Forum meeting, gave a
                                             presentation and
                                             distributed consultation
                                             packs. The Forum have
                                             expressed support and
                                             commented “the forum
                                             believes that in
                                             becoming a Foundation
                                             Trust, the hospitals
                                             Trust will be more able
                                             to deliver quality
                                             services to patients in
                                             the area, and will be
                                             able to expand their
                                             current services, being
                                                                       Appendix 1.4

                                                    free from financial and
                                                    bureaucratic restrictions.
                                                    The Forum is confident
                                                    the FT status will benefit
                                                    the patients of the Fylde
                                                    Coast”

Local NHS organisations

Organisation                           General View     Comments
Mrs Wendy Swift                        Broadly          The PCT welcomes
Chief Executive                        Supportive       the freedom to
Blackpool PCT                                           decide and local
                                                        accountability
                                                        aspects of
                                                        Foundation Trust
                                                        status. Regarding
                                                        the Council of
                                                        Governors, there
                                                        should be a greater
                                                        representation of
                                                        BPCT due to the
                                                        need to address
                                                        health inequalities.
                                                        A rebalance of the
                                                        public
                                                        representation from
                                                        Blackpool would
                                                        then be required to
                                                        maintain the
                                                        balance of public
                                                        versus professional.
Mr William Bingley, Chairman, and Mr   Broadly          The vision of the
Ian Cumming, Chief Executive,          Supportive       Foundation Hospital
North Lancashire PCT                                    should support the
                                                        concept of health
                                                        promoting hospitals.
                                                        Corporate
                                                        citizenship through
                                                        waste management
                                                        and green issues
                                                        should also be a
                                                        model adopted by
                                                        the new Trust. It is
                                                        suggested that
                                                        North Lancashire
                                                        PCT is represented
                                                        on the Council of
                                                        Governors by either
                                                        the Director of
                                                                 Appendix 1.4

                                                  Public Health or
                                                  Medical Director,
                                                  with further
                                                  clarification required
                                                  regarding the
                                                  representative’s role
                                                  on the Foundation
                                                  Trust Board
Oldham PCT                           Broadly      The boundary
                                     Supportive   identified appears to
                                                  meet the needs of
                                                  local people,
                                                  however in a market
                                                  led economy,
                                                  consideration needs
                                                  to be given as to
                                                  accessing views of
                                                  those living outside
                                                  this boundary. The
                                                  clear involvement
                                                  with the higher
                                                  education sector as
                                                  detailed in the
                                                  makeup of the
                                                  Council of
                                                  Governors is
                                                  welcomed.
Val Master, Deputy Chief Executive   Broadly      Following
Lancashire Coastal Local Medical     supportive   discussion at a
Committee                                         committee meeting,
449-451 Garstang Road,                            the FCLMC have
Broughton,                                        not indicated
Preston PR3 5LN                                   support or non-
                                                  support of the
                                                  proposals, however,
                                                  the Trust feels that
                                                  support is implied.
                                                  Comments include:
                                                  “we would like to
                                                  draw attention to
                                                  the fact that there is
                                                  no mention of GP
                                                  representation on
                                                  the Council of
                                                  Governors. Bearing
                                                  in mind GPs
                                                  experience of
                                                  working in Primary
                                                  Care and referring
                                                  patients into
                                                                   Appendix 1.4

                                                    Secondary Care,
                                                    they feel most
                                                    strongly that they
                                                    should be
                                                    represented, and
                                                    we trust their
                                                    comments will be
                                                    addressed in due
                                                    course”

Professional and staff representative bodies

Staff organisation        General View          Comments
Joint Negotiating and     Broadly Supportive    There was no formal
Consultative Committee                          response from the
(JNCC)                                          JNCC, although support
                                                was given at the
                                                meeting

Karen Harte               Broadly Neutral       The RCN remain
Local Chair                                     cautious about the
Royal College of                                development of NHS
Nursing                                         Foundation Trusts. The
                                                RCN is concerned that
                                                there is a potential for
                                                health inequalities, and
                                                we believe that patient
                                                care must be the central
                                                focus of all Foundation
                                                Trusts. We need to be
                                                reassured that staff are
                                                treated equally and fairly
                                                and that there is no
                                                detriment to them
                                                when/if the Trust is
                                                transferred to
                                                Foundation status.

Local Commercial Organisations

No comments received

Voluntary Organisations


Organisation              General View          Comments
Blackpool Fylde and       Broadlly Supportive   No formal responses
Wyre Council for                                received, however, the
Voluntary Services                              local Council for
                                                Voluntary Services have
                                                                        Appendix 1.4

                                                     assisted the Trust to
                                                     contact the many local
                                                     groups registered with
                                                     them, invited the Trust
                                                     to participate in their
                                                     open forum on January
                                                     15th, and have
                                                     expressed a wish to be
                                                     more formally involved
                                                     as an organisation with
                                                     the proposed
                                                     Foundation Trust. They
                                                     are keen to assist in the
                                                     involvement of young
                                                     people through the
                                                     Volunteer Youth
                                                     Council. It is therefore
                                                     felt by the Trust that
                                                     general support is
                                                     implied.
Trinity Palliative Care   Broadly Supportive         The Trust proposals
Services                                             were discussed at the
                                                     Board of Governors
                                                     meeting, held on
                                                     January 31st. One of
                                                     the trustees, who is also
                                                     a member of the Trust
                                                     League of Friends
                                                     agreed to keep the
                                                     Trinity Trustees
                                                     informed of progress.

9 Other responses

Excluding the comments detailed above we received a total of 579 other
responses as follows. This includes the comments received via email, letter,
and comments forms.

verbal                    written                    total
188                       391                        579

9a What was the process for the Overview and Scrutiny Committee

As part of the public consultation we have engaged with the Overview and
Scrutiny Committees in Blackpool and Lancashire. The Trust presented to the
Blackpool Overview and Scrutiny Committee in January and the committee
was broadly supportive of our proposals. There were some difficulties in
attending a meeting of the Lancashire OSC within the consultation period,
however consultation documents were circulated at their January meeting and
                                                                        Appendix 1.4

a presentation has been organised for Tuesday February 13th to discuss the
proposals in detail.

10 Other responses from Comments forms

Feedback            Broadly in           Broadly neutral     Broadly
method              favour                                   opposed
Responses via       121                  3                   7
feedback forms      (92%)                (2.30%)             (5.38%)
(public)
Responses via       47                   2                   3
feedback forms      (90%)                (3.84%)             (5.76%)
(staff)
Responses via       1                    2                   0
email, phone,
letter, other
Total               169                  7                   10


TRUST’S RESPONSE

11 General tone of responses:

Overall the general tone of responses was positive, and the majority of people
who expressed positive benefits related these to increased local
accountability, local control over services and having greater freedom to make
decisions. Occasional strong feelings were expressed about removing
interference from Central Government, e.g. “I like the bit about local
involvement without bureaucracy and interference”

We received 53 staff feedback forms and 130 public feedback forms. Of the
total number of forms received, 92%% (120) of public and 90% (48) of staff
respondents supported our proposal to become a Foundation Trust. As of the
beginning of February we have recruited xxx staff members and xxx public
members.

5.76%% (3) staff and 5.38% (7) public expressed disagreement with our
proposals, relating mainly to concerns about the “fragmenting of the NHS” and
“moving more and more towards privatisation”. The general tone here
appeared to be that individuals were fundamentally opposed to the
establishment of Foundation Trusts.

12 Topics attracting critical comment (and Trust response)

Issue/Comment                            Trust response
Can I ask a little about Monitor?        No they do not supply funding.
What are the activities that Monitor     Monitor is a regulator. We are
will do? Will they supply the majority   currently regulated by the Healthcare
of the funding? (source: Public          Commission. Monitor is a different
meeting, Lytham, 8th December)           type of regulator which has a
                                                                            Appendix 1.4

                                          standard emphasis on ensuring we
                                          are robust in terms of finance and
                                          governance. The Secretary of the
                                          State will allocate funding to PCTs
                                          who will purchase services from
                                          Foundation Trusts, NHS Trusts and
                                          private providers. Monitor is not part
                                          of this financial arrangement but will
                                          oversee us and regulate us.

There are issues about cost, i.e. large   There is never enough money to pay
population and large number of health     for what everyone wants. The level of
needs but only so much money              governance allows us to involve a
available therefore challenging to        wider group of people and the
decide how much to pay for? (source:      population will feel they have a
Public meeting, Lytham, 8th               greater say. We can share the
December)                                 decision making with the local
                                          community.

Financial position and staff morale       We had a substantial problem coming
(source: Public meeting, Fleetwood,       into this year. We agreed, following
10th January)                             consultation with staff that we wanted
                                          to tackle this in one go rather than it
                                          go on for ever. It has been a
                                          challenging process and we
                                          acknowledge that this has a knock on
                                          effect on staff morale. We are
                                          currently going through a process
                                          called the Blackpool Way, which
                                          involves deeper employee
                                          engagement and changing the culture
                                          of the organisation.
How do you ensure that there is           Part of it is about ensuring the
proper governance? (source:Public         constitution is right and making it
meeting Fleetwood, January 10th)          clear what you expect from your
                                          governors. You could get specialist
                                          interest groups on the Council of
                                          Governors that get block votes and
                                          we have to protect the organisation
                                          from that. We will need to make sure
                                          that our Governors have a range of
                                          expertise, skills and different interests
                                          and we will be offering training to
                                          people that are interested in
                                          becoming Governors.
There must be some disadvantages?         It is difficult to say but in theory,
(source: staff meeting, December 4th)     because you have to be more
                                          business-like, if you are not
                                          successful you could go out of
                                          business. With the independent
                                                                        Appendix 1.4

                                        sector developments coming on
                                        board if we do not become a
                                        Foundation Trust and start to become
                                        more competitive then we will start to
                                        lose out. The Trust believes there are
                                        more disadvantages of not becoming
                                        a Foundation Trust.

The size of the Council of Governors   The Trust has reviewed the size and
is too large, also needs more staff    structure of the Council of Governors
especially more medical people and     taking into considerations the views of
less public (source: staff and public  public and staff. The Council of
feedback forms                         Governors will reduce from 35 to 31
                                       and will consist of 16 public
                                       governors, five staff governors and 10
                                       partner governors.
Ensuring that there is adequate public The Trust is committed to ensuring
representation on Council of           that there is wide sector
Governors (source: public feedback     representation across the
forms)                                 membership. We will be actively
                                       trying to recruit as inclusively as
                                       possible, and ensuring, for example,
                                       that older people, people with
                                       disabilities and young people are able
                                       to participate freely. We will be taking
                                       advice from and involving local
                                       support groups to ensure that we get
                                       this right.
The Chairman of the Trust also being The legislation sets out criteria for the
the Chairman of the Council of         composition of the Council of
Governors has the potential to cause Governors and states that the
a conflict of interest, and the        Chairman of the Council of Governors
consultation document says the chair must also be the Chairman of the
will be elected (Source: Public        Board of Directors. This is to ensure
feedback forms and meetings)           that the views of the Council of
                                       Governors are represented on the
                                       Board of Directors. In response to
                                       point two, the current Chairman will
                                       remain in post until her current term
                                       of office ends. The Council of
                                       Governors will then be involved in the
                                       appointment of a Chairman for the
                                       next term of office.
The cost of becoming a Foundation      All Acute Trusts have to apply to
Trust and money being taken from       become NHS Foundation Trusts by
patient care (source:Public feedback   2008. The Department of Health
forms)                                 currently provides funds to support
                                       the process of applying to become an
                                       NHS Foundation Trust. We see this
                                       as investment for the future. There is
                                                                         Appendix 1.4

                                        a real opportunity for local people to
                                        get involved in developing future
                                        health services that reflect local
                                        needs.

13 Topics attracting support locally:

Greater accountability (source:general public feedback forms)
Council of Governors (source: staff and general public feedback forms)
Local management of finances (source: staff feedback forms and staff and
public meetings)
Better involvement of the local population (source: PCTs)
Involvement of Higher Education on Council of Governors (source: Oldham
PCT)

14 General tenor of responses:

Membership             The general response to membership was positive,
                       and we received 118 responses to how we might
                       recruit members in the future. These largely agreed
                       with what had been done so far, with no additional
                       novel or new suggestions to add, although there was
                       a very general concensus that we needed to ensure
                       that we engaged fully with local support groups and
                       attended their meetings. This was specifically raised
                       in relation to groups supporting carers, disability and
                       older people. Whilst approaches had been made to
                       these types of groups across the Fylde, through the
                       CVS and the Borough councils, many were unable to
                       accommodate us during the consultation phase.
                       However, there are plans to ensure that groups such
                       as “Senior Voice” (Age Concern), are visited in the
                       near future.
Council of             82% (107) of public and 80% (42) staff respondents
Governors              agreed with the composition of the Council of
                       Governors. The remainder of respondents expressed
                       comments about the size e.g. “should be 25
                       maximum”, (source: public feedback form). A point
                       which was raised fairly frequently by staff and the
                       public was that there needed to be more staff on the
                       Council and less public. There were feelings
                       expressed that the medical ratio needed to be
                       increased, e.g. “There should be greater
                       representation of GPs across the area who know
                       more about the needs of the population than would
                       18 public members. I am concerned that 18 public
                       members could be dominated by pressure groups
                       more concerned with heritage rather than patient
                       care” (source: public feedback form). “Should be
                       councillors from the three boroughs and at least one
                                                                          Appendix 1.4

                     consultant and other doctor” (source:public feedback
                     form).
Board of Directors   81% (105) of public and 85% (44) of staff
                     respondents agreed with the proposals for the Board
                     of Directors. There were less comments about the
                     Directors than about the Governors, however, some
                     comments from the remainder appeared to highlight
                     some confusion as to the role and appointment of the
                     Board of Directors, eg “Directors should be assets
                     and prepared to work for the Trust for six months and
                     then be reviewed and re-elected”, (source: public
                     feedback form), “It should consist of people with
                     some knowledge of or understanding of the hospital”
                     (source: public feedback form). The size of the Board
                     was also commented upon eg” Too many. 13 is an
                     unlucky number” (source: staff feedback form). Skills
                     and experience were also felt to be important “I
                     agree provided that the executive members
                     represent skills and interests broader than finance
                     and law” (source: staff feedback form)
Elections            No views were expressed about elections although a
                     small number of respondents enquired about how
                     these would be undertaken.
Constituencies       There were no comments about constituencies
                     directly, however there were some comments around
                     the need to weight Governor numbers towards
                     specific wards, and ensuring this was related to
                     population (see Blackpool PCT response).
Boundaries           88% (114) public and 83% (43) of staff who
                     responded agreed with the boundaries proposed.
                     Positive comments also related to the complexity of
                     providing tertiary services, e.g. “yes, I think it is better
                     to have members from all the areas involved within
                     the boundaries proposed” (source: staff feedback
                     form), “people outside of BFW area should be
                     allowed to have their say if they have been treated
                     here, as you have suggested” (source: public
                     feedback form), “being a tertiary centre adds to the
                     complexity, but the proposals address this” (source:
                     staff feedback form). There were acknowledgments
                     of the practicalities of the involvement from a wider
                     area “there will need to be consideration given to
                     how best to communicate with that general
                     population” (source: staff feedback form), and also
                     some concerns expressed about the size of the
                     boundaries “what assistance will be given to patients
                     who have to travel long distances?” (source: public
                     feedback form)
Constitution         A small number (27%=3) of the 11 comments
                     received about the constitution expressed some
                                                                          Appendix 1.4

                       concern that the Chair of Governors was also the
                       Chair of the Trust, leading to a potential conflict of
                       interest. There was also a suggestion that the Trust
                       needed to link closer with local businesses, and a
                       question about the need to involve the medical
                       school on the Council of Governors, as the Trust is
                       not a University hospital.
Age Limits             There was only one comment here, which felt that
                       the lower age of sixteen was too young and should
                       be eighteen
Youth                  There were no comments received about this issue,
representation         however the trust recognises that it needs to
                       undertake much more work in this area and plans to
                       ensure that it engages effectively during the
                       membership recruitment phase with the Local
                       Authority Youth Forums and local sixth form colleges.
                       Some work has already commenced through the
                       CVS Chairman with the local Voluntary Youth
                       Council.
Staff representation   The majority of respondents agreed with the proposal
                       that staff should opt out rather than opt in. However,
                       a small number of members of the public felt that
                       staff should be required to opt in, as this would make
                       them more motivated, e.g.” don’t agree that staff
                       should automatically become members, this does not
                       test motivation” (source: public comments form).
                       There were also a few comments from both public
                       and staff, recommending an increase in staff
                       representation, e.g. “Is 5 staff members enough to
                       give us full representation for the hospital e.g.
                       pathology, pharmacy, radiology, porters, cleaners,
                       nurses etc?” (source: staff feedback form) “leave it to
                       the people who understand” (source: public feedback
                       form)
Vision                 Of the 15 comments related to Vision the majority
                       commented on the benefits which might be inherent
                       on becoming a Foundation Trust and related to
                       control over finances, local accountability and control
                       and the freedom to act. “I feel that the proposal will
                       enable local people to have a greater say in the
                       running and management of their local hospitals”
                       (source:public feedback form), “agree absolutely. My
                       vision of an effective and efficient trust is one that
                       has the freedom to decide according to local needs”
                       (source:public feedback form UCLAN tutor).
                       However, the support was sometimes tempered with
                       cynicism about potential benefits in light of what is
                       considered as central “interference” with local
                       services in the past e.g. “If it will improve staff morale
                       and patient care and put it back to where it was
                                                                    Appendix 1.4

                    before government interference, then I am in
                    agreement, otherwise it will be just another waste of
                    money” (source: public feedback form)
Transitional        No comments received
arrangements
HR strategy         No comments received
Communications      Although there were no comments directly around
                    communications, the 118 responses which related to
                    recruitment and which are highlighted under
                    membership, relate also to the need to communicate
                    effectively when generating the membership. During
                    meetings with the public, some concerns were
                    expressed about the potential costs of producing and
                    sending out newsletters and questionnaires.
                    Reassurance was given about funding received for
                    the consultation. Options for meetings as a way of
                    communicating information was a much less
                    favoured option, although many indicated that they
                    might like to meet annually, possibly at an AGM.
Other issues        Finance - There were 45 comments or questions
                    regarding finance and financial issues. Many related
                    to the recent financial problems of the Trust and what
                    would happen should a similar situation arise in the
                    future. Others related to the potential increased cost
                    of the new organisation. Full responses were given to
                    these questions.
                    Monitor - 10 members of the public expressed
                    interest in Monitor and its role. General feelings
                    expressed related to further interference from the
                    centre, but also yet another organisation taking
                    money way from services. The role of Monitor was
                    fully explained.
                    Future clinical services - As local services are
                    currently undergoing changes there was a great deal
                    of interest in how these might be affected by
                    Foundation Trust status. There were 11 questions
                    regarding future services.
Novel or other      Consitution - One staff member felt that we needed
positive comments   to involve businesses more, and another felt that
                    having a medical school representative on the
                    Council of Governors would be a waste of a
                    Governor position as the Trust is not a teaching
                    hospital.
                    Council of Governors - One member of the public
                    felt that the Council of Governors should have a legal
                    representative.
                    Several felt that there should be one or even two
                    Council of Governors representatives on the Board of
                    Directors.
                    It was felt that the Council of Governors should not
                                                                         Appendix 1.4

                         be filled with those involved in politics.
                         Boundary - “The wider the boundary, the greater the
                         possible income”
                         Membership- It is important that staff identify their
                         involvement in the performance of any organisation.
                         Good management works from the bottom up.
                         “we should all be supporting our hospital in every
                         way we can, by membership the public community
                         can see that we have taken ownership of our
                         hospital, which is a very positive sign”



15. Is there anything about the public consultation exercise and
outcome that you would like to let the Secretary of State of Monitor
know?

Our proposal to become an NHS Foundation Trust has been supported by the
vast majority of our stakeholders and we feel that this has been a successful
consultation process. The engagement and involvement of our staff,
stakeholders and the local community is something the Trust is committed to
continuing. We believe this consultation exercise has helped us to build and
strengthen links which will be invaluable in developing the representative
membership which is essential to a successful NHS Foundation Trust.

16. Please provide the contact details for the person who will be
available to answer detailed queries on the public consultation and
provide copies of any responses required for further scrutiny?

Caroline Hastie
Communications Manager
Blackpool, Fylde and Wyre Hospitals NHS Trust
Whinney Heys Road
Blackpool
FY3 8NR

Tel: 01253 303538
Email: caroline.hastie@bfwhospitals.nhs.uk

Staff Engagement, Involvement and Wider Culture Change

17. How have staff been given ample opportunity to play an active part
in the dialogue and deliberations around the NHSFT application? Where
has staff dialogue and views influenced the broad HR ‘strategy’, which
in turn supports the service development plans and organisational goals
of the Trust?

One of the key objectives for the Trust in developing its Integrated Business
Plan and HR Strategy is to engage with staff to ensure that they have the
                                                                          Appendix 1.4

opportunity to contribute to the discussion and have an input into our strategy.
All staff were invited to attend a series of workshops to discuss and develop
the draft Integrated Business Plan and HR Strategy. Details of these
workshops were advertised by email, Team Brief and news bulletins. The
main focus of the workshops was to provide a forum for discussion regarding
the key risks and opportunities facing the Trust. Staff identified a range of
issues covering marketing, staffing issues, efficiency measures, patient
services and communication. The comments and issues raised have been
incorporated into our Integrated Business Plan (appendix 17)

Staff were also given the opportunity to contribute to the Integrated Business
Plan and HR Strategy at existing staff meetings including the Clinical Policy
Forum, ADOPS and Divisional Directors. The document was also made
available on the staff intranet for all staff to comment on.

18. How did (and for the future ‘how will’) the organisation ensure
effective staff involvement and participation in shaping cultural change
and service development and delivery, and in embracing social
partnership in its broadest sense?

In January 2006 the Trust did a piece of work which was led by the Chief
Executive to set out a clear vision statement for the Trust and a set of values
to underpin delivery of the vision. A number of workshops and forums were
held which were well attended and staff were the key drivers in establishing
the vision and values.

It has been a difficult year in terms of staff relations due to the changes that
have been required to deal with our financial difficulties. To improve this
situation the Trust decided to instigate a fundamental change in how the
organisation is run through deep employee engagement, reviewing
management style and changing the culture of the organisation. This process,
called the Blackpool Way, has involved engaging with staff from all areas and
grades through focus groups, questionnaires and workshops. A report of the
findings has been presented to staff and an action plan has been drawn up
which involves the development of Blackpool Way champions in all areas and
focus groups to improve communication, staff recognition and management
style. We aim to have a culture which engages all staff in the running and
improvement of services.

19. How has the organisation engaged with (and how will it continue to
engage with) clinicians in determining the future direction of service
provision, and how have the outcomes of such discussions been
analysed from a cost/benefit perspective and integrated into the service
development plans outlined in the Business Plan?

The Trust has recently introduced a business planning process which involves
service managers and clinicians working hand in hand. All Business cases
have to be discussed at directorate level and then at the Divisional Board prior
to it being presented to Executive Directors for approval. All services now
have to complete a proforma which must consider demand, competition,
                                                                          Appendix 1.4

marketing opportunities etc. as part of the business planning process.
Proformas have been completed for every service in the Trust and these have
been incorporated into the Integrated Business Plan.

The Trust has a Clinical Policy Forum, which is a key decision making forum,
which meets weekly. It is chaired by a clinical director, is run by the clinical
directors and is attended by the Executive Directors. The Executive Team
also have a joint monthly meeting with Divisional Directors (the most senior
clinicians) where key Trust business is discussed.

20. How is the Trust developing/managing new (and existing)
relationships with local health organisations and other local networks,
social care, good citizenship and social responsibility, and playing a
role in the wider community?

We have well-established links with our Patient and Public Involvement
Forums, Patients Panel and our clinicians are represented on the Lancashire
and Cumbria Cardiac Network, Cancer Network and Critical Care Network.
The Trust also regularly attends meetings of the Overview and Scrutiny
Committee’s and holds regularly briefings with local MPs.

A local Strategy Development Group meets weekly to discuss future health
priorities. This group is made up of senior staff from the Hospitals Trust,
Blackpool and North Lancashire Primary Care Trusts and Blackpool and
Lancashire Social Services.

The Trust is also strengthening links with the local community. Children from
the Grange Park estate in Blackpool recently planted bulbs outside the new
Cardiac Centre and had a tour of the facilities. The youngsters have also been
involved in a photography course run by the Trust and a presentation was
held for the children hosted by the Chief Executive.

Throughout the Foundation Trust consultation we have developed links with
community groups such as local residents forums and senior Trust staff have
presented at these meetings. We will continue to strengthen links with the
local community through our membership.

21. What is the degree of integration of first-rate HR practice in all the
main functions of the organisation (operations, strategic and clinical)
with a view to demonstrating that good HR practice and thinking is
present in the wider organisation and not only in the specialist HR
function itself?

The HR Directorate recognises that it needs to improve the people
management capability throughout the organisation and has been working on
realising the third strategic aim of “Working Together – Securing A Quality
Workforce for the NHS” which concerns developing the HR capability among
the whole workforce. The Trust has approximately 400 people managers and
we have developed a suite of five major policies and procedures that we
believe are essential components of the skills sets of those 400 managers. In
                                                                         Appendix 1.4

conjunction with the Blackpool Way, a radical employee engagement project
that will transform the Trust, the HR department is delivering training and
development interventions (including coaching and analysis of real case
studies) to these 400 managers to ensure these key competences are
developed. Each clinical division now has an HR Manager appointed to act
as a business partner and sit on the divisional board and will lead by example
in the promotion and delivery of best practice in people management. An
example of this is the way the HR Managers have made the Management of
Sickness Absence policy real within the divisions through delivering training
and advice, in a “case conference” format with the local managers and
physicians from the Occupational Health department. The pilot project in
Anaesthetics and Theatres has seen the sickness absence rate drop from
5.69% (an average rate for a number of years) to 3.49% in less than six
months. The HR Managers are now concentrating on developing performance
management techniques, prevention of bullying and harassment, and how to
handle discipline and grievance issues.

22. How has the organisation demonstrated its commitment to
unlocking the potential of all staff and enabling all staff to progress their
skills and careers through lifelong learning and development?

The Trust has a dedicated learning and development team within its Human
Resources and Organisational Development directorate. A Learning and
Development Strategy has been produced which highlights the Trust’s
commitment to life long learning and outlines the training and development
opportunities available for staff.
A wide range of in-house training provision is provided including essential
skills (numeracy and literacy), mandatory training, management development
and leadership programmes, personal development and appraisal training,
which are all linked to the Knowledge and Skills Framework (KSF). A cadet
co-ordinator and a practice educator for trainee assistant practioners are in
post to enable the local community to develop skills to enter the NHS and to
further develop existing posts. The Trust is an accredited NVQ centre offering
NVQs to staff in a variety of subjects. A Life Long Learning Suite, IT training
suites and state-of-the-art Education Centre are on site at Victoria Hospital.
                                                                         Appendix 1.4

Appendix A

Consultation packs were distributed to the following organisations:


63 NHS organisations across the North West
230 GP surgeries                                          25 packs each
17 Libraries                                              25 packs each
35 Opticians                                              15 packs each
45 Dentists                                               15 packs each
72 Pharmacists                                            15 packs each
500 Hospital volunteers
Patient and Public Involvement Forums
Patients Panel
Community Hospitals                                       50 packs each
4,200 Trust staff
External Auditors
4 Members of Parliament (MPs)
Strategic Health Authority
3 Local Authorities
80 Religious groups
6 Residents Forums
727 community, voluntary and interest groups across Lancashire (a full list of
these groups are available on request)
                                                            Appendix 1.5
                                   Membership Strategy


Contents

1.            Introduction

2.            Membership Arrangements

3.            Defining the Membership Community

4.            Resourcing the Membership Development

5.            Building the Membership Base

6.            Managing Active Membership

7.            Communicating with Members

8.            Playing a Key Community Role

9.            Working with Other Membership Organisations

10.           Evaluating Success

11.           Membership Recruitment to Date

12.           Plans for Future Membership Recruitment



Annex One     The Public Constituency

Annex Two     Membership Overview as at 16 February 2007

Annex Three   Composition of Council of Governors
                                                                                          Appendix 1.5


                     MEMBERSHIP STRATEGY
        FOR BLACKPOOL FYLDE AND WYRE HOSPITALS NHS TRUST

1.    INTRODUCTION

1.1   This strategy aims to outline the Trust’s plans to develop systems and processes essential to
      establish, maintain and develop an active Membership.

1.2   The strategy will define the membership community and sets out a series of actions to assist
      the organisation achieve its objectives. It will also outline how the Trust will evaluate its
      success in delivering this strategy and learn from this process to continue to develop and
      exploit an active and participative Membership.

1.3   Blackpool, Wyre and Fylde Hospitals employ over 4,400 highly skilled staff providing hospital
      services to the 330,000 residents of the Fylde Coast. The Trust also provides a tertiary
      cardiac service to 1.6 million residents of Cumbria and Lancashire. In addition, the Trust
      hosts the National Artificial Eye Service (NAES) on behalf of the NHS. In view of this
      historical arrangement and the geographical diversity of its patients, whom are scattered all
      over England, we have taken advice and excluded these patients from Membership. Staff
      employed by the NAES are eligible to become staff members.

1.4   The Trust aims to build a successful Membership Scheme in addition to its success as a
      provider of first class services and as an employer of choice.

2.    MEMBERSHIP ARRANGEMENTS

2.1   The Trust already has an active Patients Council, Volunteer input and a drive for staff
      involvement. The wide membership of the Foundation Trust is seen as a natural extension of
      the existing arrangements therefore strengthening the links with the local community and
      increasing the sense of local ownership. In addition, we work closely with a wide variety of
      partners on several joint initiatives to improve the services that we provide to the local
      community. In particular, our aims include:

          We believe that the only way for local people, patients and staff to have a say in how their
          hospitals are run is for them to have a chance to become a member. We would like as
          many people as possible to join us, so that together we can shape the future of
          healthcare services in the Trust. We will therefore ensure that the membership is
          representative of the local community.

          We wish the communities our members represent to be actively involved in the work of
          the Trust and one that enables varying levels of participation according to the needs and
          desires of individual members. In doing so, we will have more effective ways of
          communicating with our patients, staff and the residents of the Fylde Coast.

          We shall ensure a continued approach to the development of both membership numbers
          and active engagement with members. This will take into account the diversity of the
          population served including race, colour, nationality, ethnic origin, religious belief, age,
          social background, geographical spread and social deprivation.

3.    DEFINING THE MEMBERSHIP COMMUNITY

3.1   In delivering the above, we are proposing to create two membership constituencies.

          Public – to include patients and members of the public from our communities
          Staff from Blackpool, Fylde and Wyre Hospitals NHS Trust
                                                                                         Appendix 1.5

3.2   The Public Constituency

      As a hospital providing a tertiary service for cardiac services and haematological cancers, a
      number of our patients live outside our identified three boroughs. Given the importance of
      this service provision to patients and their carers, membership will be open to all those who
      have been treated by these services. All patients of the Trust aged 16 and above are eligible
      to become members of the Trust, as are family and partner carers of patients. Family and
      partner members will be able to represent the interests of patients if they are unable to do so
      for themselves.

      Membership will be open to all members of the public, aged 16 or over, who live within the
      geographical boundaries of Blackpool, Wyre and Fylde, 93% of the Trust’s patients come
      from these boundaries. To assist residents to ascertain if they are eligible for public
      membership, local authority ward names are included as an Annex to this document.

      The Trust recognizes the importance of encouraging diversity of representation as there are
      differing socio-economic pre-dominances in each area. The Trust has engaged a specialist
      company to further analyse the size and diversity of the Public Constituency so that it can
      further refine its membership. (See Annex One).

3.3   The Staff Constituency

      All members of staff are eligible to become members of the Trust. Staff in the following
      categories would not have to apply for membership, but would automatically become
      members with a choice to opt out if they so wished.

          Staff who are employed by the Foundation Trust under a contract of employment which
          has no fixed term, or has a fixed term of at least 12 months; or

          Staff who have been continuously employed by the Foundation Trust under a contract of
          employment for at least 12 months.

      All service contractor staff who have worked on a Trust site for more than 12 months. For the
      avoidance of doubt, this does not include those who assist or provide services to the
      Foundation Trust on a voluntary basis. Trust volunteers are eligible to become members
      under the Public constituency.

3.4   Members may only join the Trust in one category of membership. Should a member of a
      patient or public constituency subsequently be recruited as an employee of the Trust, staff
      membership will supercede public membership.

          There is a minimum age of 16, but no limit on the number of members as long as they
          meet the conditions for eligibility. Members will be required to complete a simple form
          (assistance can be given if required) and will be asked about putting their name on a
          membership database which will be kept in accordance with the requirements of the Data
          Protection Act and the public benefit Corporation (Register of Member) Regulations 2004.
          The Trust has engaged a specialist company to establish and maintain its Membership
          database.

3.5   We want our members to support what we do as an NHS Foundation Trust and to help us
      make the right decisions. As a result our members will:

          Be able to vote in elections to elect governors – or if they choose to stand in those
          elections and be elected themselves.

          Be invited to events and meetings during the year - as well as attend and vote at our
          Annual General Meeting.

          Receive regular information from us about developments in the Trust and from time to
          time there will be special communication when we ask for views about particular plans or
          proposals.
                                                                                         Appendix 1.5

          Be involved in offering views about our services and feedback.

          Be eligible to be appointed as a Non-Executive Director or Chairman of the Trust.

          Opt to become interested in issues that interest them.

3.6   Membership of the Trust is about involvement and local ownership. It is not about getting
      special treatment as a patient because our aim is to ensure that everyone gets the best
      possible care. Members will have the same access to services as non-members and access
      to services at any other NHS hospital. There will be no cost to becoming a member.

3.7   We believe that we need to build and grow a committed membership. This may mean lower
      membership numbers, at least initially, as we have decided on an ‘opt-in’ basis for the Public
      membership. We have decided on an ‘opt-out’ basis for staff membership. However, following
      discussions with our Volunteer’s, they have chosen to engage in Public membership on an
      ‘opt out’ basis.

3.8   Exclusions To Membership

          A person may not become a member of the Foundation Trust if within the last five years
          they have been involved as a perpetrator in a serious incidence of violence at any of the
          Foundation Trust’s hospitals or facilities or against any of the Foundation Trust’s
          employees or other persons who exercise functions for the purposes of the Foundation
          Trust, or against registered volunteers.

4     RESOURCING THE MEMBERSHIP DEVELOPMENT

4.1   The executive management and development of the membership is the remit of the Trust’s
      Director of Nursing and Quality. The newly created post of Head of Patient Experience will
      manage the day to day recruitment and development of the membership. Meanwhile the Trust
      has appointed Computershare, a private sector specialist company to assist us in the
      establishment of our membership register, develop a suitable and reliable database, and
      record/analyse the demographic and geographic composition of the evolving membership.

4.2   In the future, the Council of Governors will provide the strategic leadership of all membership
      affairs. Governors will participate in membership development plans, set criteria for
      monitoring success and report annually on progress. The Trust will provide support from its
      Communications Department and is buying the services of the Electoral Reform Society to
      ensure that Members are given suitable information prior to voting for Governors.

5     BUILDING THE MEMBERSHIP BASE

5.1   The Trust wishes to encourage and develop a strong sense of community involvement with
      and ownership of, Blackpool Fylde and Wyre Hospitals. To this end, we will continue to
      actively recruit new members in all categories. The aim is to have a membership that is
      informed and engaged in the activities of the Trust and that individual members feel part of
      the organisation. The Trust will build on the membership over time and aims to have
      achieved in the order of 8,000 members by the end of the first 3 years.

5.2   Pending approval to become an NHS Foundation Trust, the organisation has begun a number
      of initiatives to raise the profile of membership with its local community; this has included
      active participation of the local media. (See Annex Two for Membership recruitment to date).
                                                                                          Appendix 1.5

5.3   The engagement of Computershare to assemble the Patient /Public Constituency and to
      analyse their composition is seen by the current Trust Board as a positive development.

5.4   Members can join at any time, but the Trust will organise specific recruitment campaigns to
      coincide with national and local events such as International Nurses Day, Men’s Health Week
      and other such initiatives.

5.5   All new patients will be invited to become members of the Trust and the Council of Governors
      will have a particular role in helping to develop the membership scheme and to encourage
      members to stand for election as Governors of the future.

5.6   Our objectives in building our membership base are as follows:

          To encourage membership through a simple application process.
          To maintain an accurate database of members.
          To develop a strong and representative Staff Constituency via an opt-out scheme.
          To develop a strong, representative Public Constituency reflective of our community and
          To openly report to our membership on an annual basis on the composition of our
          membership.

5.7   Our recruitment of Members has been, or will be, as a result of numerous initiatives including:

          The availability of recruitment material at all meetings with staff and the public as part of
          the Consultation process.
          Recruitment events being held at various locations across the Trusts sites e.g. Out-
          Patient Departments.
          Inclusion of Membership information with Patient Information material.
          Application forms being made available in locations owned by Trust Partner organisations
          e.g. GP surgeries, pharmacies, PCT and Social Services premises.
          Involvement from local media including the press and local radio.
          Attendance at local community and disability forums and shopping outlets.
          Active support from members of the Trusts Patients Forum.

6.    MANAGING ACTIVE MEMBERSHIP

6.1   We are aware of the challenge posed to recruiting and maintaining an active membership.
      However, the challenge is fortuitous as it corresponds with our wish to gain greater
      involvement in the development of the Trust from our staff, patients and local community as
      highlighted in the recent work undertaken in developing out ‘Vision and Values’. This will
      involve changing the way in which we work and will involve not only a change in culture, but
      also an investment of resources. As stated previously, we have engaged the services of a
      specialist company to help us develop our membership, they will also be involved in
      establishing and maintaining our database. The recent appointment of a Head of Patient
      Experience and supporting infra-structure is already having an impact on raising the profile of
      membership both within and outside the Trust.

6.2   A budget has been identified to support membership recruitment and will be made recurrent
      when its on-costs have been accurately calculated.

6.3   The Trust intends to manage its membership on an ongoing basis through the following:

          The current membership will be continuously updated utilising Computershare and will be
          actively encouraged to pass on information to friends, family and colleagues.
          We will utilise promotional material in all public areas of the Trust.
          We will utilise the Trust website to promote the benefits of membership and to facilitate
          enrolment.


          The local media will continue to be active partners in promoting both the Foundation Trust
          and the benefits of membership.
                                                                                           Appendix 1.5

          Information will be posted on ‘Patient Line’, the Trust’s bedside patient communication
          system.
          Membership information will be included with all Trust communications with patients such
          as appointment letters.

6.4   The Trust expects to have a comprehensive staff membership through its ‘opt-out’ scheme.
      The Trust was a pilot site for the national Electronic Staff Record scheme and plans to keep
      its staff membership register up to date via this facility and the issue of ‘opt-out’ forms to new
      starters via the Trust’s Recruitment Department. The Trust has the co-operation of its
      partners to help maintain the database for staff employed by contractors.

      We intend to keep staff engaged through the Trusts existing communications systems and:

          The holding of information sessions
          Utilisation of the Trusts intranet
          A dedicated section in the Trust’s monthly Team Brief

7.    COMMUNICATING WITH MEMBERS

7.1   Initial Membership Campaign and Recruitment

      From November 2006 onwards, the Trust has been actively engaging with the local
      community to raise awareness of our proposals for Foundation Trust status and the benefits
      of closer involvement from our patients, the public and staff. Information in relation to these
      events can be found in the Appendix titled ‘Public Consultation Response and Evidence of
      Staff Engagement and Involvement’.

      In addition, active participation was provided by the local media to highlight the Trusts
      proposed change in status and the opportunities and benefits associated with membership. It
      is envisaged that this partnership will continue and engagement with the local community will
      remain proactive as we continue to report progress on the application process.

7.2   On going Communication with our Members

      The Trust will acknowledge every new application for membership and provide information on
      the regular activities that members can attend. Members will be provided with a copy of the
      Trusts newsletters,

      The Trust will ensure that communication with members is appropriate, timely and user
      friendly to enable positive participation from members in the Trust’s activities and
      developments. In addition the Trust will;

          Seek to inform members about the Trusts Vision and Values in order to promote
          partnerships and attract new members.

          Ensure that members of elected bodies receive appropriate, timely and user friendly
          information to inform decision making.

          Devise a communications package for members and potential members to ensure that
          content and distribution is appropriate to members, identify two-way communication
          methods to promote active membership. We will establish a clear brand for membership,
          reviewing materials and ensuring that language is clear and modern. This work is already
          well underway.

          Identify how Trust premises can be better used as community resources and member
          information points e.g. improved notice boards.
                                                                                               Appendix 1.5


7.3     Our Council of Governors will form the main strategic channel for communication with
        Members. The number of Governors representing each constituency is a factor of the
        number of patients we expect from each constituency area. We also intend to ensure that, on
        an ongoing basis, that the membership of each constituency reflects the diversity of the
        population of the constituency. (See Annex Three).

7.4     The Governors will provide the Trust with an established two-way communication route via
        their constituencies and their interaction with their members. In this way, the population
        served by the Trust will be directly involved in the governance of the organisation. Effective
        communication is key to our success as a Foundation Trust and we will proactively develop a
        robust, honest communications agenda between ourselves, our Governors and our members.
        We recognise that some members will require more information than others and in different
        formats based on their level of participation.

        Governors of the Trust will be supported in their role in the following ways:

            They will receive training in relation to their role. The Trust will engage with existing
            Foundation Trusts to establish best practice in this area.
            They will be supported in communicating with their constituency and encouraged to hold
            surgeries, which members can attend to raise issues and receive information.
            They will be invited within the Council of Governors meetings, to raise any issues from
            the membership.
            Have the opportunity to work with the wider community (i.e. Partner organisations) to
            establish a greater understanding of local health needs.

7.5     Our members will be a vital component of our success as a Foundation Trust and we
        therefore are committed to:

            Informing members about matters that affect our services and encourage them to
            contribute via their Governors to the achievement of our objectives and our plans for the
            future.
            Enabling members to take ownership of issues by providing them with appropriate
            information.
            Encouraging participation by helping members to understand their role.
            Facilitating effective two way communication.
            Empowering members to take responsibility to find out the information that they need.
            Encouraging members to celebrate success with us.

7.6     We will seek views from our members on the type of information that they need and the way
        in which it will be distributed. We recognise that this will require resources, but feel that the
        benefits of close engagement will outweigh the costs. We will however, encourage the use of
        electronic communication wherever possible.

7.7     The Trust already offers a variety of opportunities for people to get involved with the activities
        of the organisation. Members will be offered all of these opportunities, in addition to those
        specifically associated with membership of the Trust. Examples of these opportunities
        include:

7.7.1   Volunteering

        The Trust runs a very successful and active Volunteer scheme with in excess of 500
        Volunteers contributing to the work of the organisation. The aim is to enhance the quality of
        the service that we provide through the structured use of supportive Volunteers. The role of
        Volunteers does not substitute for that of trained staff, but will add quality and value to all they
        encounter.
                                                                                             Appendix 1.5

7.7.2   Patients’ Council

        The Patients’ Council is a voluntary group made up of patients, relatives and carers with
        experience of using our hospitals. The overall aim of the Patients Council is to improve the
        care and services offered to our patients, they hold regular meetings and conduct a
        programme of ward visits, audits and patient surveys on our behalf. Council members also
        participate in several of the Trust Committees where they provide an invaluable input from the
        patient/carer perspective.

7.7.3   Patient and Public Involvement Strategy

        The Trust has a Patient and Public Involvement Strategy, which is monitored by the Patient
        Experience Committee.          The Committee is comprised of senior Trust staff and
        representatives from patient/career groups. It is envisaged that nominated Trust members
        will join this group once recruited.

7.7.4   Fundraising

        From time to time, the Trust will either instigate or support fundraising activities for the
        purpose of improving patient care or facilities at the Trust. Members will be invited to
        participate in fundraising activities through the Trust’s Fundraising Office; many such activities
        include some social activity. This will enable members to participate in some of the more
        informal activities across the Trust.

7.8     Staff as members

        It is envisaged that the majority of our staff will choose to become members and participate
        more fully in the business of the organisation. Existing Trust committees such as the Joint
        Negotiating Consultation Committee (all staff) and the Joint Local Negotiating Committee
        (medical staff) will continue and views will be sought from Staff Governors regarding initiatives
        to fully engage staff members.

8.      PLAYING A KEY COMMUNITY ROLE

8.1     The Trust intends its major contribution to the local economy to be through people and the
        development of their potential. Using the Human Resources Strategy as a vehicle for
        change, the Trust will look to offer skills development and training to local people with the aim
        that their chances of employment both within the Trust and other organisations are enhanced.
        The Trust sees that maximising employment chances for everyone will bring economic
        advantage, new investment and ultimately improved health to the local community.

8.2     The Trusts main services are provided from the Victoria Hospital site, which is situated in
        Blackpool. Blackpool is currently a regeneration site. To promote further our working
        relationship with the local Council, we are proposing that it appoints a member to our Council
        of Governors.

8.3     The Trust has existing links with local schools and community groups. Young people have
        been encouraged to visit the Trust and participate in projects such as developing a garden at
        the newly opened Cardiac Centre and taking photographs of the local area to display on Trust
        premises. The PALs has established excellent links with local disability groups and last year
        received an award for partnership working with people with a Learning Disability.

8.4     The Trust also has strong links with patient support groups and its own Patients Panel who
        provide views on a number of initiatives including the newly opened Cardiac Centre.
                                                                                         Appendix 1.5


8.5    Although the Trust serves a community with a low minority ethnic population, we will make
       strong efforts to reach all groups within our membership community. The Trust serves a large
       community comprised of older people and we wish to build on existing work to engage
       positively with older people. We already have excellent links with voluntary sector agencies
       such as Age Concern.

8.6    In the future we would expect individual Governors to lead take a lead on specific initiatives
       and expand relationships to cover all areas of Equality and Diversity.

9.     WORKING WITH OTHER MEMBERSHIP ORGANISATIONS

9.1    The Trust has networked extensively with existing Foundation Trusts and has gained valuable
       information from these organisations.

9.2    This has enabled us to understand the structures of existing Foundation Trusts and the
       developing role of the Governor. We have sought advice on the development of our
       Constitution, particularly in relation to the emergence of the interface between the Board of
       Directors and the Council of Governors.

9.3    The composition of our Council of Governors is also designed to raise the profile of the
       interface with our local community and our Consultation exercise has further strengthened
       this relationship.

9.4    We intend to support our Council of Governors to undertake their role in a meaningful and
       effective manner by providing a robust induction to the Trust and to their roles and
       responsibilities. We intend to draw on the experiences of existing Foundation Trusts on this
       issue and to identify and implement models of best practice.

9.5    It is expected that in the first twelve months that Governors will implement this Strategy and
       begin the process of actively engaging with members. We hope that by demonstrating
       meaningful engagement, the Trust will be able to broaden its Membership base.

9.6    Meaningful engagement will assist the Foundation Trust to involve members in the
       development and evaluation of services and enable us to gain robust feedback on the quality
       of the services that we provide. We will assist the Council of Governors to develop systems
       to enable this to happen and provide timely and meaningful information. We envisage that
       within the first eighteen months, these systems and processes will be refined and established,
       to enable the Council of Governors to contribute to the Foundation Trusts business in a
       positive manner.

10.    EVALUATING SUCCESS

10.1   The Council of Governors will monitor the arrangements for involving and including members
       in the business of the Trust. The Council will also consult the Membership on how dialogue
       can be organised and maintained, so that the Board of Governors can take into consideration
       the views of members.

10.2   Our Membership Strategy will be the property of the Membership, operated on their behalf by
       the Council of Governors. Governors will be supported where necessary to:

           Promote an active and engaged Membership
           Communicate with members
           Contribute to debate with our local communities through regular engagement
           Contribute to debate around improving the health of out local communities

       The Council of Governors will conduct an annual review of the Membership Strategy, which
       will be undertaken utilising agreed criteria, this review will be made public.
                                                                                    Appendix 1.5


10.3   In addition, we will assist the Council of Governors to:

               Annually review this Strategy and adjust plans accordingly
               Sat criteria for monitoring success
               Publish an annual Membership Report
               Ensure that the implementation of this Strategy is included in our Governance
               arrangements

10.4   The outcome of the annual Membership Review will be made public in the Foundation Trust’s
       Annual Report.

11.    MEMBERSHIP RECRUITMENT TO DATE

       See Annex Two.

12.    PLANS FOR FUTURE MEMBERSHIP RECRUITMENT

       See Section 5 – Building the Membership Base.
                                                                                                                        ANNEX ONE
                    Appendix 1.5




                                                                                                         Appendix 1.5




                                   BLACKPOOL, FYLDE AND WYRE WARDS

           Blackpool                    Population                                          Population
1       Anchorsholme                 6,575           35     Newton & Treales            3,125
2       Bispham                      6,088           36     Park                        4,202
3       Bloomfield                   7,231           37     Ribby-with-Wrea             1,513
4       Brunswick                    7,201           38     St Johns                    4,053
5       Claremont                    7,456           39     St Leonards                 4,221
6       Clifton                      6,905           40     Singleton & Greenhalgh      1,335
7       Greenlands                   6,519           41     Staining & Weeton           3,411
8       Hawes Side                   7,167           42     Warton & Westby             4,770
9       Highfield                    6,482           Wyre
10      Ingthorpe                    6,677           43     Bourne                      6,354
11      Layton                       7,005           44     Breck                       3,101
12      Marton                       6,612           45     Brock                       2,143
13      Norbreck                     6,302           46     Cabus                       1,616
14      Park                         7,047           47     Calder                      1,826
15      Squires Gate                 6,382           48     Carleton                    4,127
16      Stanley                      6,391           49     Catterall                   2,334
17      Talbot                       6,905           50     Cleveleys park              6,123
18      Tyldesley                    6,979           51     Garstang                    4,659
19      Victoria                     6,702           52     Great Eccleston             3,512
                                                     53
20      Warbreck                     6,748                  Hambleton &        Stalmine- 4,184
                                                            with-Staynall
21      Waterloo                     6,803           54     Hardhorn                    3,419
Fylde                                                55     High Cross                  3,685
22      Ansdell                      4,036           56     Jubilee                     4,239
23      Ashton                       4,470           57     Mount                       4,131
24      Central                      4,365           58     Norcross                    3,807
25      Clifton                      3,974           59     Park                        4,443
26      Elswick & Little Eccleston 1,500             60     Pharos                      5,769
27      Fairhaven                    4,128           61     Pilling                     2,088
28      Freckleton East              3,178           62     Preesall                    5,367
29      Freckleton West              2,849           63     Rossall                     6,582
30      Heyhouses                    4,416           64     Staina                      5,520
                                                                                                                  ANNEX ONE
31      Kilnhouse                    4,130           65     Tithebarn                   3,972
32      Kirkham North                4,103           66     Victoria                    5,950
33      Kirkham South                3,146           67     Warren                      6,086
34      Medlar-with- Wesham          3,239           68     Wyresdale                   2,012
                                                                                                                                                     Appendix 1.5




                                                                      BLACKPOOL, FYLDE AND WYRE WARDS

                                                   Blackpool                 Population                                             Population
                                     1          Anchorsholme              6,575             35      Newton & Treales            3,125
                                     2          Bispham                   6,088             36      Park                        4,202
                                     3          Bloomfield                7,231             37      Ribby-with-Wrea             1,513
                                     4          Brunswick                 7,201             38      St Johns                    4,053
                                     5          Claremont                 7,456             39      St Leonards        Appendix 1.5
                                                                                                                            4,221
                                     6          Clifton                   6,905             40      Singleton & Greenhalgh      1,335
                                     7          Greenlands                6,519             41      Staining & Weeton           3,411
                                     8          Hawes Side                7,167             42      Warton & Westby             4,770
                                  9     Highfield                         6,482             Wyre
                      BLACKPOOL, FYLDE AND WYRE WARDS
                                  10    Ingthorpe                         6,677             43      Bourne                      6,354
                                      11        Layton                    7,005            44       Breck                       3,101
   Blackpool                 Population                                                Population
                                      12        Marton                    6,612            45       Brock                       2,143
Anchorsholme              6,575            35          Newton & Treales            3,125
                                      13      Norbreck                  6,302              46       Cabus                       1,616
Bispham                   6,088            36          Park                        4,202
                                      14      Park                      7,047              47       Calder                      1,826
Bloomfield                7,231            37          Ribby-with-Wrea             1,513
                                      15      Squires Gate              6,382              48       Carleton                    4,127
Brunswick                 7,201            38          St Johns                    4,053
                                      16      Stanley                   6,391              49       Catterall                   2,334
Claremont                 7,456            39          St Leonards                 4,221
                                      17      Talbot                    6,905              50       Cleveleys park              6,123
Clifton                   6,905            40          Singleton & Greenhalgh      1,335
                                      18      Tyldesley                 6,979              51       Garstang                    4,659
Greenlands                6,519            41          Staining & Weeton           3,411
                                      19      Victoria                  6,702              52       Great Eccleston             3,512
Hawes Side                7,167            42          Warton & Westby             4,770
                                                                                           53
                                      20      Warbreck                  6,748                       Hambleton &        Stalmine- 4,184
Highfield                 6,482            Wyre
                                                                                                    with-Staynall
ngthorpe                  6,677            43        Bourne                        6,354
                                     21      Waterloo                     6,803             54      Hardhorn                    3,419
Layton                    7,005           44         Breck                         3,101
                                     Fylde                                                  55      High Cross                  3,685
Marton                    6,612           45         Brock                         2,143
                                     22      Ansdell                      4,036             56      Jubilee                     4,239
Norbreck                  6,302           46         Cabus                         1,616
                                     23      Ashton                       4,470             57      Mount                       4,131
Park                      7,047           47         Calder                        1,826
                                     24      Central                      4,365             58      Norcross                    3,807
Squires Gate              6,382           48         Carleton                      4,127
                                     25      Clifton                      3,974             59      Park                        4,443
Stanley                   6,391           49         Catterall                     2,334
                                     26      Elswick & Little Eccleston   1,500             60      Pharos                      5,769
Talbot                    6,905           50         Cleveleys park                6,123
                                     27      Fairhaven                    4,128             61      Pilling                     2,088
Tyldesley                 6,979           51         Garstang                      4,659
                                     28      Freckleton East              3,178             62      Preesall                    5,367
Victoria                  6,702           52         Great Eccleston                3,512
                                     29      Freckleton West              2,849             63      Rossall                     6,582
                                          53
Warbreck                  6,748                      Hambleton &          Stalmine- 4,184
                                     30      Heyhouses                    4,416             64      Staina                      5,520
                                                     with-Staynall                                                                                            AN
                                     31      Kilnhouse                    4,130             65      Tithebarn                   3,972
Waterloo                  6,803           54         Hardhorn                      3,419
                                     32      Kirkham North                4,103             66      Victoria                    5,950
                                          55         High Cross                    3,685
                                     33      Kirkham South                3,146             67      Warren                      6,086
Ansdell                   4,036           56         Jubilee                       4,239
                                     34      Medlar-with- Wesham          3,239             68      Wyresdale                   2,012
Ashton                    4,470           57         Mount                         4,131
Central                   4,365            58             Norcross                 3,807
Clifton                   3,974            59             Park                     4,443
Elswick & Little Eccleston 1,500           60             Pharos                   5,769
Fairhaven                 4,128            61             Pilling                  2,088
Freckleton East           3,178            62             Preesall                 5,367
Freckleton West           2,849            63             Rossall                  6,582
Heyhouses                 4,416            64             Staina                   5,520
                                                                                                                                         ANNEX ONE
Kilnhouse                 4,130            65             Tithebarn                3,972
Kirkham North             4,103            66             Victoria                 5,950
Kirkham South             3,146            67             Warren                   6,086
Medlar-with- Wesham       3,239            68             Wyresdale                2,012
                                                                                        Appendix 1.5




                                  Annex Two – Public Membership Overview
                                          as at 16 February 2007




Membership Overview                                        Ethnicity

Total Registered Members                          357      White – British                        342
Total Affiliate Members *                          0       White – Irish                            2
Number of volunteers who have become                       White – Other                            1
public members on an ‘opt out’ basis **           487      Mixed – White and Black Caribbean        1
Total Registered and Affiliate Members*           844      Mixed – White and Asian
                                                           Mixed – White and Black African
                                                           Mixed - Other
Gender                                                     Black or Black British-Caribbean
                                                           Black or Black British – African         1
Female 177      Asian or Asian British – Indian     1
Male                                              180      Asian or Asian British – Pakistani       1
Unknown                                             0      Asian or Asian British - Bangladeshi
Total Gender                                      357      Asian or Asian British - Other
                                                           Chinese
                                                           Other
Age                                                        Unknown                                  8
                                                           Total Ethnicity                        357
16 to 35                                           67
36 to 50                                          110
51 to 65                                           71      Preferred Communication Type
66 to 80                                           55
80 plus                                            16      E-mail                                  84
Under 16                                            0      Post                                   227
Unknown                                            38      Either                                  39
Total Age                                         357      Unknown                                  7
                                                           Total Communication Type               357




* Individuals on the membership database who
  are under 16 years of age and are therefore
  not currently eligible to become voting members

** Information regarding gender, age, ethnicity and
  preferred communication type of volunteers is not
  available at this stage.
                                                                                          Appendix 1.5




                         Annex Three – Composition of Council of Governors

Membership of the Council of Governors is detailed below:

APPOINTED GOVERNORS                            ROLE
Principal Commissioning Primary Care           To represent main Trust commissioners and
Trusts                               2         key NHS economy partners

Blackpool Primary Care Trust       (1)
North Lancashire Primary
Care Trust                         (1)

Principal Local Councils                       To represent key local non-NHS Local Health
                                          2    Economy partners
Blackpool Borough Council          (1)
Lancashire County Council          (1)

Principal University                           To ensure strong teaching and research
                                          1    partnership and to represent other University
University of Central Lancashire               interests

Principal Patient Representative Body          To reinforce the representation of patients’
                                          1    views and interests.

For the time being the Patient and Public
Involvement Forum
Voluntary Sector                          1    To engage and assist the Trust in identifying
                                               needs of local community.
Lancashire Care Trust                     1    To ensure representation of partner
                                               organisation providing mental health services
                                               on many of our sites.
Lancashire Business Link                  1    To engage and assist the Trust in dialogue
                                               with local developments and businesses.
Blackpool Regeneration Project            1    To engage and assist the Trust in dialogue
                                               with local developments and businesses.
Total Appointed Governors                10


STAFF ELECTED GOVERNORS                        ROLE
To represent:
Class 1                                        To assist the Trust in developing its services
Medical Practitioners                     1    and ensure active representation from those
                                               who deliver the services
Class 2                                        As above
Nursing and Midwifery Staff               2


Class 3                                        As above
Clinical Support Staff                    1

Class 4                                        As above
Non-Clinical Staff                        1

Total Elected Staff Governors             5
                                                                                     Appendix 1.5

PUBLIC ELECTED GOVERNORS                     ROLE
To represent:
Constituencies specified in Annex One of     Representing an estimated 93% of patients
the Constitution and consisting of:          who are resident in the shaded area of Annex
                                             One


Area 1 Blackpool                       8

Area 2 Wyre                            4

Area 3 Fylde                           3

Area 4 Cumbria and Lancashire          1     Representing approximately 4% of patients
                                             who are resident in the wider environs of
                                             Cumbria and Lancashire.*

Total Public and Patient Elected
Governors                             16

Total Membership of Council of Governors

Appointed Governors                    10
Staff Governors (elected)               5
Public and Patient Governors (elected) 16

Total                                 31

* Note Approximately 3% of patients treated come from areas outside Cumbria and Lancashire.

				
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