OpenLegislation

Section 60 Voting and standing for election

England and Wales

(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 the council by paragraph 8 of Schedule 7.

(3)

A person elected to the council may not vote at a meeting of the 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 the 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.

Annotations

Textual amendments

F1

Words 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)

F2

Words 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)