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(1)A person may not vote at an election for the [F1council of governors] of an NHS foundation trust unless, within the specified period, he has made a declaration in the specified form of the particulars of his qualification to vote as a member of the constituency, or class within a constituency, for which the election is being held.
(2)A person may not stand for election to [F2the council] unless—
(a)he has within the specified period made a declaration in the specified form of the particulars of his qualification to vote as a member of the constituency, or class within a constituency, for which the election is being held, and
(b)he is not prevented from being a member of [F2the council] by paragraph 8 of Schedule 7.
(3)A person elected to [F2the council] may not vote at a meeting of [F2the council] unless—
(a)he has within the specified period made a declaration in the specified form of the particulars of his qualification to vote as a member of the trust, and
(b)he is not prevented from being a member of [F2the council] by paragraph 8 of Schedule 7.
(4)This section does not apply to an election held for the staff constituency.
(5)“Specified” means specified in the trust's constitution.
(6)A person is guilty of an offence if he—
(a)makes a declaration under this section which he knows to be false in a material particular, or
(b)recklessly makes such a declaration which is false in a material particular.
(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Textual Amendments
F1Words in s. 60(1) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(a), 306(4); S.I. 2012/1831, art. 2(2)
F2Words in s. 60(2)(3) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(b), 306(4); S.I. 2012/1831, art. 2(2)
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