(1)Regulations may make provision as to the conduct of elections for membership of the [F1council 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 [F2council 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 [F3council of governors] of an NHS foundation trust, if contested, must be by secret ballot.
Textual Amendments
F1Words 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)
F2Words 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)
F3Words 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)