5.—(1) A person is ineligible to be a chair or non-officer member if that person is, or has been within the preceding year, in the paid employment of—
(a)a Local Health Board; or
(b)an NHS trust established under section 18 of the Act.
(2) For the purposes of paragraph (1), a person is not to be treated as having been in paid employment by reason only of having held the position of chair, vice-chair or non-officer member of a Local Health Board or a chair, vice-chair or non-executive director of an NHS trust.