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.
Textual Amendments
F1Words 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)