Commentary on Sections Summary Non-Executive functions Section 112: Non-Executive functions
369.This section sets out the non-executive functions. These are reviewing the adequacy of the internal financial controls; determining the remuneration of the Chief Executive and other executive members of the Board (subject to the approval of the Secretary of State); and making recommendations on the remuneration of certain senior staff, identified in secondary legislation.
370.Under this section, the Board is required to establish a committee to discharge the non-executive functions. An executive member of the Board cannot be a member of that committee.
371.The committee must produce a report on the manner in which it has fulfilled its role, which will be included in the Board’s annual report (section 119) (annual reports to the Secretary of State).
372.Any sub-committee to which the committee delegates its functions can include persons who are not members of the committee but cannot include executive members or other staff of the Board. Such sub-committees can discharge any of the committee’s non-executive functions or its duty to prepare the report for inclusion in the Board’s annual report