Paragraph 3 F1

Scotland

(1)

Without prejudice to any amendment made by subsequent order, the first order to be made in relation to any NHS trust shall specify—

(a)

the name of the trust;

(b)

the functions of the trust;

(c)

the number of executive directors and F2trustees;

(d)

where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the trustees referred to in paragraph (c) of a person appointed from a university with a medical or dental school specified in the order;

(e)

the operational date of the trust, that is to say, the date on which the trust is to begin to undertake the whole of the functions conferred on it; and

(f)

if a scheme is to be made under section 12B, the body (being a Health Board or the Agency) which is to make the scheme.

(2)

For the purposes of sub-paragraph (1)(d), an NHS trust is to be regarded as having a significant teaching commitment in the following cases—

(a)

if the trust is established to F3provide services at a hospital or other establishment or facility which, in the opinion of the Secretary of State, has a significant teaching and research commitment; and

(b)

in any other case, if the Secretary of State so provides in the order.

(a)

is employed by the university in question; and

(b)

would also, apart from this sub-paragraph, be regarded as employed by the trust,

his employment by the trust shall be disregarded in determining whether, if appointed, he will be a trustee of the trust.

(4)

An order shall specify the accounting date of the trust.

Annotations

Textual amendments

F1: Schs. 7A, 7B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 32, Sch. 6
F2: Words in Sch. 7A para. 3(1)(c)(d),(3) substituted (1.10.1999) by virtue of 1999 c. 8, s. 65, Sch. 4 para. 62; S.S.I. 1999/90, art. 2(b), Sch. 1
F3: Words in Sch. 7A para. 3(2)(a) substituted (retrospectively) by 1999 c. 8, s. 46(6)(8); S.S.I. 1999/90, art. 2(a), Sch. 1

Notes on Schedule 7A

Textual amendments

F1: Sch. 7A repealed (1.9.2004 but only for the purpose stated in art. 2(a)(i) of the commencing S.S.I.) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 1(1), 12(1), S.S.I. 2004/361, art. 2(a)(i)

Modifications

C1: Sch. 7A applied in part (1.4.1999) by S.I. 1999/686, art. 5(1)(2)