Proposed modification of the NHS provider licence standard conditions: Condition G4 (fit and proper persons)

Overview

Licence condition G4 applies to all licensees and, by way of directions, NHS trusts, and requires that they ensure governors and directors meet appropriate standards of personal behaviours, technical competence and business practice. The objective is to prevent unfit persons from holding office or continuing in office as a governor or director. 

Since Monitor published the standard conditions of the provider licence in February 2013, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (fit and proper persons requirements - FPPR) have been brought into force. Regulation 5 of the FPPR sought to address concerns expressed by the Francis report on Mid- Staffordshire NHS Foundation Trust. 

Consequently, it is the intention of this consultation to modify condition G4 to align with the current provisions of the FPPR.

Please find the full consultation document below. 

This consultation will close at midnight on 29 March 2021.