The National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 1991

PART I GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 1991 and shall come into force on 1st April 1991.

(2) In these Regulations unless the context otherwise requires—

“the Act” means the National Health Service (Scotland) Act 1978(1);

“the appointing committee” means a committee appointed for the purpose of either paragraph (1) or (2) of regulation 12 whichever is appropriate; and

“chief finance officer” in relation to an NHS trust means the person or persons holding the post of Director of Finance of the trust or otherwise appointed to hold the post of chief finance officer by the appointing committee under regulation 12(2)(a);

“chief officer” in relation to an NHS trust means the person or persons holding the post of Chief Executive of the trust or otherwise appointed to hold the post of chief officer by the appointing committee under regulation 12(1);

“director” in relation to an NHS Trust includes its chairman;

“executive director” and “non-executive director” have the meanings indicated by section 12A(3)(a) of the Act(2);

“Family Health Services Authority” has the meaning indicated by section 10 of the National Health Service Act 1977(3);

“health authority” has the meaning given by section 128(1) of the National Health Services Act 1977(4);

“health service body” means —

(a)

a Health Board, a Special Health Board, the Agency or an NHS trust;

(b)

a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984(5);

(c)

a health authority, a Family Heath Services Authority or an NHS trust established by an order made under section 5(1) of the National Health Service and Community Care Act 1990(6);

(d)

the Scottish Dental Practice Board constituted by Regulations having effect under section 4 of the Act(7);

(e)

the Dental Practice Board constituted by Regulations having effect under section 37 of the National Health Service Act 1977(8);

(f)

the Public Health Laboratory Service Board continued in being by section 5(4) of the National Health Service Act 1977(9);

(g)

the National Radiological Protection Board established by section 1(1) of the Radiological Protection Act 1970(10);

“operational date” has the meaning given in paragraph 3(1)(e) of Schedule 7A to the Act(11);

“trade union” has the meaning given in section 28(1) of the Trade Union and Labour Relations Act 1974(12).

(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation and a reference to a Schedule is to the Schedule to these Regulations.

(1)

1978 c. 29.

(2)

Section 12A was inserted by the 1990 Act, section 31.

(3)

1977 c. 49; section 10 was substituted by the Health and Social Security Act 1984 (c. 48) (“the 1984 Act”), section 5(1) and was amended by the 1990 Act, section 2.

(4)

1977 c. 49; section 128(1) was amended by the 1984 Act, Schedule 3, paragraph 11 and by the 1990 Act, section 26(2).

(5)

1984 c. 36.

(6)

1990 c. 19.

(7)

See S.I. 1974/505; relevant amending instrument is S.I. 1990/1772. Section 4 was amended by the Health and Medicines Act 1988 (c. 49), section 12 and Schedule 3.

(8)

See S.I. 1973/1468; relevant amending instrument is S.I. 1991/581. Section 37 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 50 and by the Health and Medicines Act 1988 (c. 49), section 12 and Schedule 3.

(9)

1977 c. 49; section 5(4) was amended by the Public Health Laboratory Service Act 1979 (c. 23), section 1.

(10)

1970 c. 46.

(11)

Schedule 7A was inserted by the 1990 Act, Schedule 6.

(12)

1974 c. 52.