National Health Service (Scotland) Act 1978 (c. 29)

SCHEDULES

[F1 F2 SCHEDULE 7A S National Health Service Trusts

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F2 Sch. 7A repealed (1.9.2004 but only for the purpose stated in art. 2(a)(i) of the commencing S.S.I.) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 1(1),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 etc. (not altering text)

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

Part I S Orders Establishing NHS Trusts Etc.

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

(a) the name of the trust;

(b) the functions of the trust;

(c) the number of executive directors and [F3 trustees];

(d) where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the [F3 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 [F4 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

(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 [F3 trustee] of the trust.

(4) An order shall specify the accounting date of the trust.]

Textual Amendments

F3 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

F4 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