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National Health Service (Scotland) Act 1978, Paragraph 3 is up to date with all changes known to be in force on or before 08 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F13(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 [F2trustees];
(d)where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the [F2trustees] 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 [F2trustee] of the trust.
(4)An order shall specify the accounting date of the trust.]
Textual Amendments
F1Schs. 7A, 7B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 32, Sch. 6
F2Words 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
F3Words 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
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