SCHEDULES
SCHEDULE 4NHS trusts established under section 25
Part 1Constitution, establishment, etc
5Provision to be made by first NHS trust order
1
The first NHS trust order made in relation to any NHS trust must specify—
a
the name of the NHS trust,
b
the functions of the NHS trust,
c
the number of executive directors and non-executive directors,
d
where the NHS trust has 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 NHS trust, and
f
if a scheme is to be made under paragraph 8, the Primary Care Trusts, Special Health Authority or Local Health Board which is to make the scheme.
2
The functions which may be specified in an NHS trust order include a duty to provide goods or services so specified at or from a hospital or other establishment or facility so specified.
3
For the purposes of sub-paragraph (1)(d), an NHS trust has a significant teaching commitment in the following cases—
a
if the NHS trust is established to 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.
4
In a case where the order contains a provision made by virtue of sub-paragraph (1)(d) and a person who is being considered for appointment by virtue of that provision—
a
is employed by the university in question, and
b
would also, apart from this sub-paragraph, be regarded as employed by the NHS trust,
his employment by the NHS trust must be disregarded in determining whether, if appointed, he will be a non-executive director of the NHS trust.
5
The operational date of the NHS trust is the date on which it will begin to undertake the whole of the functions conferred on it.
6
An NHS trust order must specify the accounting date of the NHS trust.