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Health and Social Care (Community Health and Standards) Act 2003
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Changes over time for: Section 36
Version Superseded: 01/03/2007
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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.
Commencement Information
I1S. 36 in force at 1.1.2004 by S.I. 2003/3346, art. 2
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