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Changes over time for: Section 36
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Version Superseded: 01/03/2007
Status:
Point in time view as at 01/03/2004. This version of this provision has been superseded.
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Changes to legislation:
There are currently no known outstanding effects for the Health and Social Care (Community Health and Standards) Act 2003, Section 36.
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36OffenceE+W
This section has no associated Explanatory Notes
(1)A person may not vote at an election for the board 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 the board 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 and is not prevented from being a member of the board by paragraph 8 of Schedule 1.
(3)A person elected to the board may not vote at a meeting of the board 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 trust and is not prevented from being a member of the board by paragraph 8 of Schedule 1.
(4)This section does not apply to an election held for the staff constituency.
(5)Specified means specified for the purpose 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.
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