Governance of NHS endowment funds: review report

Appendix 2

Terms of Reference

1. Name of the Team

NHS Endowment Funds Review – Project Group

2. Purpose of the Group

The purpose of the Project Group is to review the current governance arrangements of NHS Endowment Funds in Scotland and make recommendations to the Scottish Government regarding potential changes to the current position to ensure that those responsible for the management and control of these charitable funds are able to demonstrate at all times that they are acting in the interests of the charity.

3. Remit of the Group

To provide a report to Scottish Government on the preferred option to strengthen the governance of NHS Endowment Funds and to ensure that the management and control of these charitable funds is able to be independent of the relevant Health Board.

This will include a review of:

• Current models of structure and operation in Scotland;
• The legislation underpinning the existing governance structures in Scotland;
• The strengths and weaknesses of potential alternative models of governance including consideration of effectiveness and deliverability;
• Possible approaches and timescales for the delivery of the preferred option.

4. Membership

The Project Group will be chaired by Julie Hutchison with support from:

1. Core team:

• Laura Anderson, Head of Professional Advice and Intelligence, OSCR
• Alan Eccles, Partner, Brodies
• Jane Ferguson, Foundation Director, Edinburgh and Lothians Health Foundation
• Alex Linkston, Chair, NHS Forth Valley
• Tricia Marwick, Chair, NHS Fife
• Gavin McEwan, Partner, Turcan Connell
• Christine McLaughlin (or Deputy)
• Project management and secretariat (SG)

2. Reference Group including representatives of all NHS Endowments Funds as well as key SG contacts

3. Other expertise as identified by the Project Group

5. Governance

The Project Group will report to Malcolm Wright, Director General Health & Social Care and Chief Executive NHSScotland.

Christine McLaughlin, Chief Finance Officer NHS Scotland and Director of Health Finance, Corporate Governance and Value will be the Sponsor Director for the Health and Social Care Management Board, co-ordinating the involvement of other Scottish Government officials as may be required.

6. Meetings

The Project Group will meet approximately every 4-6 weeks from April to September 2019.

Weekly progress calls will be put in place with the Chair and the SG secretariat.

7. Outputs

The Project Group will complete and submit a final report by the beginning of October 2019 on the findings of their review of the effectiveness and deliverability of options for strengthening the governance of NHS Endowment Funds. This report may also include recommendations on further actions or follow on work.

8. Review

The report will be reviewed by Scottish Government with appropriate reporting to Ministers.