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Annual Report and Accounts 2012/13 - Royal Devon & Exeter Hospital

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4. Our Governance<br />

<strong>Royal</strong> <strong>Devon</strong> <strong>and</strong> <strong>Exeter</strong> NHS Foundation Trust<br />

<strong>Annual</strong> <strong>Report</strong> <strong>and</strong> <strong>Accounts</strong> <strong>2012</strong>/<strong>13</strong><br />

91<br />

Compliance with the NHS Foundation<br />

Trust Code of Governance<br />

The Code of Governance published in September 2006<br />

(last updated 1st April 2010) contains recommended<br />

best practice to be followed by FTs in areas of corporate<br />

governance.<br />

The Code contains main <strong>and</strong> supporting<br />

principles, which are subject to ‘comply’<br />

or ‘explain’ reporting procedures. Any<br />

provisions with which the Trust does not<br />

comply must be disclosed in the<br />

<strong>Annual</strong> <strong>Report</strong>.<br />

In last year’s <strong>Annual</strong> <strong>Report</strong>, the<br />

following provisions were reported<br />

under the ‘explain’ category:<br />

E.2.2 Definition of senior<br />

management – which states that “the<br />

Remuneration Committee should<br />

have delegated responsibility for<br />

setting remuneration for all Executive<br />

Directors, including pension rights<br />

<strong>and</strong> any compensation payments. The<br />

committee should also recommend<br />

<strong>and</strong> monitor the level <strong>and</strong> structure of<br />

remuneration for senior management.<br />

The definition of ‘senior management’<br />

should be determined by the Board but<br />

should normally include the first layer<br />

of management below Board level.”<br />

It was reported to the Board in April<br />

20<strong>13</strong> that the Trust had maintained<br />

compliance with all the provisions<br />

of the Code for the current year. As<br />

explained in the section on Executive<br />

Director remuneration (see page 80)<br />

the EDRC, confirmed by the Board,<br />

have extended the definition of senior<br />

management to include the tier of<br />

management below Executive Directors<br />

<strong>and</strong> that the terms <strong>and</strong> conditions for<br />

this category of Very Senior Managers<br />

be taken out of AfC <strong>and</strong> be considered<br />

by the Executive Director Remuneration<br />

Committee.<br />

Therefore, the Board has declared<br />

that it is fully compliant with all the<br />

provisions set out in the Code of<br />

Governance.<br />

The Trust’s explanation for noncompliance<br />

with this provision was<br />

that the Board has defined ‘senior<br />

management’ to be limited to Board<br />

Members only. All other staff were<br />

covered by the Agenda for Change<br />

scheme of nationally agreed terms <strong>and</strong><br />

conditions.

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