Statutory duties

The statutory duties of NHS foundation trust governors are set out in The National Health Service Act 2006. The duties are to:

  • appoint and, if appropriate, remove the chair;
  • appoint and, if appropriate, remove the other non-executive directors;
  • decide the remuneration and allowances, and the other terms and conditions of office, of the chair and the other non-executive directors;
  • approve the appointment of the chief executive;
  • appoint and, if appropriate, remove the NHS foundation trust’s auditor; and
  • receive the NHS foundation trust’s annual accounts, any report of the auditor on them and the annual report.

In addition, in preparing the NHS foundation trust’s forward plan, the board of directors must have regard to the views of the board of governors.

Monitor has published Your Statutory Duties: A Reference Guide for NHS Foundation Trust Governors, which examines ways in which governors can deliver these duties. It offers advice on processes and sets out examples of best practice, which reflect The NHS Foundation Trust Code of Governance.