{
  "url": "https://openlegislation.uk/national-health-service-scotland-act-1978/schedule-7A/paragraph-3",
  "json_url": "https://openlegislation.uk/national-health-service-scotland-act-1978/schedule-7A/paragraph-3.json",
  "legislation": "ukpga/1978/29",
  "legislation_title": "National Health Service (Scotland) Act 1978",
  "legislation_url": "https://openlegislation.uk/national-health-service-scotland-act-1978",
  "path": "schedule/7A/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) Without prejudice to any amendment made by subsequent order, the first order to be made in relation to any NHS trust shall specify—\n(a) the name of the trust;\n(b) the functions of the trust;\n(c) the number of executive directors and trustees;\n(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;\n(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\n(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.\n(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—\n(a) if the trust is established to provide 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\n(b) in any other case, if the Secretary of State so provides in the order.\n(a) is employed by the university in question; and\n(b) would also, apart from this sub-paragraph, be regarded as employed by the trust,\nhis employment by the trust shall be disregarded in determining whether, if appointed, he will be a trustee of the trust.\n(4) An order shall specify the accounting date of the trust.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Schs. 7A, 7B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 32, Sch. 6"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "asp/2002/5",
      "affecting_title": "Community Care and Health (Scotland) Act 2002"
    },
    {
      "type": "repealed",
      "affecting": "asp/2004/7",
      "affecting_title": "National Health Service Reform (Scotland) Act 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1978/29/schedule/7A/paragraph/3",
    "retrieved_at": "2026-10-31T10:30:48.038600+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}