. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 58 repealed (with effect in accordance with s. 216(3)(4) of the amending Act) by Finance Act 2012 (c. 14), s. 216(2)(b)
(1)Regulations may make provision as to the conduct of elections for membership of the [F2council of governors] of an NHS foundation trust.
(2)The regulations may in particular provide for—
(a)nomination of candidates and obligations to declare their interests,
(b)systems and methods of voting, and the allocation of places on the [F3council of governors], at contested elections,
(c)filling of vacancies,
(d)supervision of elections,
(e)elections expenses and publicity,
(f)questioning of elections and the consequences of irregularities.
(3)Regulations under this section may create offences punishable on summary conviction with a maximum fine not exceeding level 4 on the standard scale.
(4)An NHS foundation trust must secure that its constitution is in accordance with regulations under this section.
(5)Pending the coming into force of regulations under this section, elections for membership of the [F4council of governors] of an NHS foundation trust, if contested, must be by secret ballot.
Textual Amendments
F2Words in s. 59(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)
F3Words in s. 59(2)(b) 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)
F4Words in s. 59(5) 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)
(1)A person may not vote at an election for the [F5council 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 [F6the 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 [F6the council] by paragraph 8 of Schedule 7.
(3)A person elected to [F6the council] may not vote at a meeting of [F6the 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 [F6the 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
F5Words 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)
F6Words 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)
[F7(1)][F8An NHS foundation trust must] take steps to secure that (taken as a whole) the actual membership of any public constituency and (if there is one) of the patients' constituency is representative of those eligible for such membership.
[F9(2)In deciding which areas are to be areas for public constituencies, or in deciding whether there is to be a patients' constituency, an NHS foundation trust must have regard to the need for those eligible for such membership to be representative of those to whom the trust provides services.]
Textual Amendments
F7S. 61(1): s. 61 renumbered as s. 61(1) (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 153(1), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F8Words in s. 61(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 153(1), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9S. 61(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 153(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Schedule 10 makes provision in relation to the audit of accounts of NHS foundation trusts.
An NHS foundation trust must exercise its functions effectively, efficiently and economically.
(1)In making a decision about the exercise of its functions, an NHS foundation trust must have regard to all likely effects of the decision in relation to—
(a)the health and well-being of the people of England;
(b)the quality of services provided to individuals—
(i)by relevant bodies, or
(ii)in pursuance of arrangements made by relevant bodies,
for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;
(c)efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.
(2)In subsection (1)—
(a)the reference to a decision does not include a reference to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness;
(b)the reference to effects of a decision in relation to the health and well-being of the people of England includes a reference to its effects in relation to inequalities between the people of England with respect to their health and well-being;
(c)the reference to effects of a decision in relation to the quality of services provided to individuals includes a reference to its effects in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.
(3)In discharging the duty under this section, NHS foundation trusts must have regard to guidance published by NHS England under section 13NB.
(4)In this section “relevant bodies” means—
(a)NHS England,
(b)integrated care boards,
(c)NHS trusts established under section 25, and
(d)NHS foundation trusts.]
Textual Amendments
(1)An NHS foundation trust must, in the exercise of its functions, have regard to the need to—
(a)contribute towards compliance with—
(i)section 1 of the Climate Change Act 2008 (UK net zero emissions target), and
(ii)section 5 of the Environment Act 2021 (environmental targets), and
(b)adapt to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008.
(2)In discharging the duty under this section, NHS foundation trusts must have regard to guidance published by NHS England under section 13ND.]