National Health Service (Scotland) Act 1978

[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.]