Non Executive Directorships

Non-Executive Director (General Practitioner) Principal Medical Ltd

Location: Bicester

Date Posted: 22/01/2020

Closing Date: 14/02/2020

£12,000 a year

NON–EXECUTIVE DIRECTOR (GENERAL PRACTITIONER)

Accountable to: Chairman of PML Board

Duration: Tenure 2 years

Commitment: 2 sessions per month (10 hours minimum)

Base: PML Central Office, Bicester

PML is a not for profit Limited Company and was founded by local GPs to provide and enhance
local NHS clinical services to patients within the local community.

Due to a recent retirement we have a vacancy for a Non-Executive Director to join PML’s
Board to help set the future strategic direction for the primary care and community services
that we deliver within Oxfordshire and Northamptonshire. The role also involves providing
insightful leadership and advice to the Executive team to help develop and expand future
services provided by the Company and as a Board member of a Limited Company you will
have statutory duties to fulfil in order to comply with company law requirements. A full job
remit is attached.

To apply you must be a registered and practicing General Practitioner within the locality and
be an active member of the evolving PCN/Trust structures. If you are committed and
passionate about improving local clinical services to patients we would be keen to for you to
apply. As an Equal Opportunities employer we are underrepresented on the Board by woman
and ethnic minorities and would particularly encourage and welcome applicants from these
groups.

Informal enquiries can be made by contacting John Harrison, Chairman,
john.harrison22@nhs.net or Andrew Elphick, CEO, a.elphick@nhs.net

To make application please send your CV together with a covering letter setting out why you
are in interested in undertaking the role to Recruitment@principal-medical.co.uk by the
closing date of Friday 14 February, 2020.

MEDICAL/CLINICAL DIRECTOR (Non-Executive) Job Description

Accountable to: PML Board Chairman

Hours: Approximately 2 sessions per month (average 10 hours)

Period of tenure: 2 years*
(*The Board may at their discretion reduce the tenure to a lesser period if there is a material change in the other roles &
responsibilities undertaken by the candidate in the local health system subject to 3 months’ notice)

Remuneration: £12,000 per annum

Main purpose of the post ?

Contribute actively to the Board’s role in giving firm strategic direction to the organisation, to set
overall policy, define goals, set targets and evaluate performance against agreed targets. ?

Ensure that PML complies with its governing document (Memorandum of Articles of Association),
company law and any other relevant legislation or regulations. ?

Ensure that PML pursues its objects as defined in its governing document. ?

Ensure that PML applies its resources exclusively in pursuance of its objects. ?

Safeguard the good name and ethos of the organization. ?

Ensure the financial stability of the organization. ?

In addition to the above statutory duties, each Director is required to use any specific skills,
knowledge or experience they have to help the Board reach sound decisions. This may involve
leading discussions, focusing on key issues, providing advice and guidance on new initiatives,
evaluation or other issues in which the director has special expertise.

Principle duties and responsibilities ?

Provide clinical advice to develop and expand the range of Primary and Community services
provided by the company ?

Provide medical leadership and advice to Executive Directors and where appropriate to clinicians
working within the services provided by the Company, including implementation of NICE guidance
across all services ?

To advise on the interpretation and implementation of National clinical policy and initiatives
relevant to the Company ?

To monitor specific areas of clinical performance and clinical governance issues, in collaboration
with the Chairman and Vice Chairman, ensuring that national and locally agreed Clinical
Governance processes are followed ?

To ensure strong links are developed and maintained with key stakeholders e.g. local
commissioners ?

Contribute to the investigation and management of complaints and incidents, in conjunction with
the Executive team, as required. ?

Advise operational managers on effective methods of communicating with clinicians ?

To attend other meetings as required in order to give clinical advice and direction

V4 revised Dec 2019 ?

The Medical Director will be expected to take a lead on a particular clinical area (Primary Care,
Community services or Urgent Care), on behalf of the Board. ?

The Director will be a locally practicing clinician and will be expected to work for PML at least 10
hours per calendar month, including attendance at bi-monthly Board meetings.

Person Specification

Post Title: MEDICAL/CLINICAL DIRECTOR (Non-Executive)

Criteria Essential Desirable

Registered Health Professional MRCGP
Qualifications ?

Local practicing clinician with experience of working
Experience/

primary and community services

Skills ? Interest, experience and detailed understanding of

healthcare services across Oxfordshire ?

Evidence of an understanding of and commitment to

future service models – good knowledge of national

and local strategy and direction ?

Experience of leading and/or chairing groups
?

Effective communicator, advisor and influencer ?

Experience of audit and/or research ?
Understanding of Care Quality Commission Standards ?

Committed to personal and professional development ? Holds other posts
Other relevant ?

Team player including but not
factors exclusively PCN CD

and/or Medical role
in local trusts or in
the local
community, ICP
and/or ICS
structures. ?

Contribute to the
diversity of the
Board & PML

This job outline is not restrictive or definitive in any way and should be regarded only as a guideline to the
duties required, and may be amended in the light of changing circumstances following consultation with the
post-holder.

PML is an “Equal Opportunities Employer” and actively seeks to reflect diversity within our
workforce and corporate policies.

V4 revised Dec 2019

Appendix 2

Directors’ responsibilities
Company directors are responsible for the management of their companies. They must act in a way most likely to

promote the success of the business and benefit its shareholders. They also have responsibilities to the company’s

employees, its trading partners and the state. As a director, you need wide powers to help you promote the company.

However, you face serious penalties if you abuse those powers or use them irresponsibly.

This briefing covers:

1. Appointing company directors.

2. Directors’ powers.

3. Directors’ responsibilities.

4. Penalties for misuse of position.

5. How to protect yourself.

1Appointing directors

Every private limited company must have at least one company director. At least one of the directors must be an

actual person (as opposed to another company).

1.1The first directors (though there may be only one of them) are appointed by the shareholders
who form the company. ?

Directors are often shareholders or company employees, but do not have to be.

1.2Subsequent appointments must follow procedures set out in the Articles of Association.
Usually, the board can appoint a new director (subject to any maximum number set in the Articles)
or the shareholders can appoint a person who has been recommended by the board or proposed as a
director in advance.

1.3If you are a director but have no executive position within the company, you are classed as a non-
executive. ?

As a non-executive director, you may have nothing to do with the day-to-day running of the company. Even so, you still carry the

same responsibilities as other directors.

1.4Even if you have never been appointed a director, you could be classed as a shadow director (if
the other directors are ‘accustomed to act’ under your instructions) or as a ‘de facto’ director if you
act as if you were one – for example, if you resign but continue making decisions as a director. ?

As a shadow director or de facto director you carry many of the legal responsibilities, and are subject to many of the penalties, of

other directors.

1.5Some people are debarred from becoming directors. ?

Auditors may not be appointed directors of the companies for which they act.

V4 revised Dec 2019 ?

People who have been disqualified (see 6.3) may not be appointed. ?

Undischarged bankrupts may not be appointed unless they have first obtained leave from court. ?

Directors must be aged at least 16 or over.

1.6The appointment, departure or change of particulars of any director must be reported to
Companies House within 14 days, using the appropriate form.

2Exercising directors’ powers

Check if there are any limits on directors’ activities in your company.

2.1Check if there are any restrictions listed in the Articles of Association. ?

Companies set up since 1 October 2009 are not restricted in their objectives (‘objects’) unless their Articles of Association say

otherwise. ?

Companies set up prior to 1 October 2009 listed their objectives in the Memorandum of Association. These are now deemed to be

part of the Articles unless a resolution to remove them has been passed. ?

If the directors act outside the company’s objects, the company may be entitled to take legal action against them. ?

You can only change the company’s objectives by getting shareholder agreement.

2.2You must act within the powers granted in the Articles of Association. ?

The Articles of Association define the rules governing how the company is to be run, including what the directors’ powers and

responsibilities are. The Articles also set out how decisions are to be taken: for example, the procedures for calling a board

meeting and how many directors are needed to vote on a proposal.

2.3In exercising directors’ powers, you are required to exhibit ‘such a degree of skill as may
reasonably be expected’ from a person with your knowledge and experience. ?

For example, a chartered accountant might be expected to know if the company was trading while insolvent.

2.4You must also exercise a degree of care in your actions as a director. ?

The test of an acceptable level of care is what a reasonable person would do in looking after their own affairs. ?

You are generally not liable for the actions of your fellow directors, if you knew nothing about them and took no part in them, but

you have a duty to make sure you are informed about the company’s affairs. It is very dangerous to turn a blind eye.

3Fiduciary responsibilities

As a director, you must act in a way which you think is most likely to promote the success of the company for the

benefit of its shareholders. You need to consider a number of statutory factors, including the long-term consequence

of decisions, your firm’s reputation and the interests of other stakeholders such as employees and the community.

3.1The Company is a separate legal entity from its directors, shareholders and employees. The best
interests of the company are not always the same as the best interests of the shareholders. ?

You must always consider the interests of other stakeholders such as creditors and employees.

V4 revised Dec 2019 ?

You must consider the long-term prospects of the company and its reputation.

3.2You must give equal consideration to all shareholders. ?

Even if you hold most of the shares, or act as the nominee of the major shareholder, you must consider the interests of

shareholders as a whole. ?

In practice, it is very difficult for a minority shareholder to have a significant say in decisions made by majority shareholders.

3.3You must not use your position to make private profits at the company’s expense. ?

If you are found to have secretly profited from a contract, you might be forced to hand those profits over to the company.

3.4You are legally obliged to declare any actual or potential conflict of interest. ?

For example, if you have interests in another company with which your company is planning to do business. ?

The Articles may say you should not vote on such a deal and, if you do, your vote will be disregarded.

3.5If you, or someone connected with you, such as a relative, personally plan to enter
into substantial deals with the company, they must be approved by the shareholders.

3.6Your contract of employment must be approved by the shareholders in a general meeting, if
your term of employment is capable of exceeding two years.

Wrongful trading

You will be guilty of wrongful (or fraudulent) trading if you allow the business to carry on and incur debts when you

know there is no reasonable prospect of repaying them. If you do, you could be held personally liable for the

company’s debts if it subsequently becomes insolvent.

The fact that the company is making losses does not in itself mean that the company is trading wrongfully. ?

But if there is no reasonable prospect of it moving into profit, and there are doubts about whether its assets will cover its

liabilities or whether it can pay its debts, the company is probably trading wrongfully.

The value placed on assets may be critical. ?

The values as stated in the balance sheet are on a going-concern basis. The value of any assets will be much lower in a forced sale.

This is particularly true with intangible assets, such as goodwill.

Allow for the expenses of winding up the company in calculating your liabilities.

4Duties under company law

Directors are personally responsible for ensuring that the company complies with company law. These duties are

usually delegated to the company secretary (if the company has one) or to a director or trusted employee. However,

you must ensure that these responsibilities are carried out.

4.1You must make sure that the statutory returns are filed with the Registrar of Companies on
time. ?

These include the annual report and accounts, the annual return and notice of changes to directors and secretaries.

V4 revised Dec 2019 ?

Failure to deliver can result in fines for which you may be personally liable, disqualification or criminal conviction.

4.2All companies have to file accounts with Companies House. ?

In most cases small and medium-sized companies can submit abbreviated accounts. Small companies with a turnover of no more

than £6.5 million, and fixed and current assets of no more than £3.26 million, do not generally need to have their accounts

audited and as such are not required to appoint an auditor. ?

Directors are required to sign a declaration acknowledging their responsibilities with respect to accounting records and the

accounts in general.

4.3Most private companies are no longer obliged to hold an AGM, although they must give adequate
notice of and hold a general meeting if any director or 5 per cent of members request it. ?

Private companies with traded shares must still hold an AGM. ?

If you do hold a general meeting, you must give appropriate notice (usually 14 days) and ensure that minutes record all decisions

taken. This could protect you if you face legal action later (see 6).

4.4You are no longer required to circulate copies of the annual accounts for approval at a general
meeting. However, members must be sent a copy before they are filed with the Registrar of
Companies. ?

A director must sign the balance sheet and approve and sign off the directors’ report.

4.5You must ensure that all the company’s business stationery carries its name, registered number,
country of registration and registered address. These details must also appear on your company
website, emails and order forms.

5Other legal duties

5.1You must comply with employment law in dealings with employees. ?

You (personally) can be sued for unfair dismissal, discrimination or unfair work practices, such as unequal pay. ?

Act quickly to ensure the company complies with any new employment laws.

5.2You must take reasonable care to ensure the health and safety of your employees. ?

You can be prosecuted for dangerous practices started or continued with your consent, or illness or accidents attributable to

your negligence. ?

You must undertake a risk assessment. If you have five or more employees, you must record this in writing and have a written

health and safety policy.

5.3You must ensure that the correct amounts of tax, VAT and National Insurance are paid on time.

5.4Watch out for legal pitfalls in other areas. ?

These include data protection, defamation, libel and providing misleading information.

6Potential penalties

Exercise your directors’ responsibilities carefully as the penalties for failing to do so can be formidable.

V4 revised Dec 2019

6.1Even in a limited liability company, you could be held personally liable for losses resulting from
some acts or omissions. ?

These include illegal acts and acts beyond your powers or undertaken with insufficient skill and care (see 2). ?

You could be liable to contribute for company debts incurred through wrongful or fraudulent trading.

6.2Directors can be jointly and severally liable for the consequences if they act collectively in
breach of their responsibilities. ?

Liability could be unlimited, so you could be made bankrupt as a result of decisions of the other directors, even in a limited

liability company. ?

If you disagree with the decisions being made, have it noted in the minutes, including your reasons for disagreeing.

6.3You could be disqualified from acting as a director for some types of conduct. ?

They include continuing to trade when the company is insolvent, failure to keep proper accounting records, failure to pay tax and

failure to co-operate with the official receiver. ?

Disqualification lasts from 2 to 15 years.

6.4Some actions could result in criminal convictions. ?

They include failure to keep proper accounting records, fraudulent trading, health and safety shortcomings and misappropriation

of company funds.

7Avoiding danger

7.1Monitor the financial situation of the company continuously, whether or not you are the financial
director.

7.2Take steps to minimise losses to creditors if the company is in, or seems likely to face, financial
difficulties. ?

Ask an insolvency practitioner to advise the board. Take detailed minutes of the meeting.

7.3Make sure that minutes of directors’ meetings are maintained in any event. ?

They could protect you against future legal action, particularly where there have been boardroom disagreements.

7.4Keep in mind the requirements of your employment contract and powers granted under the
Articles.

7.5Whenever possible, avoid giving personal guarantees of the company’s debts. ?

Always negotiate to limit the extent of any guarantee (e.g. by limiting its duration).

7.6Ensure the company considers directors’ and officers’ liability insurance. The company may also
be able to indemnify directors. ?

These will pay for legal expenses, and sometimes, damages awarded against you, if you are sued for negligence or breach of duty.

But they may not protect you against actions for dishonesty, or company failure.

V4 revised Dec 2019

V4 revised Dec 2019

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