SCHEDULE 7A National Health Service Trusts
Part I 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—
(a)
the name of the trust;
(b)
the functions of the trust;
(c)
the number of executive directors and non-executive directors;
(d)
where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the non-executive directors 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 F1provide 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 non-executive director of the trust.
(4)
An order shall specify the accounting date of the trust.