The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Smoking, Health and Social Care (Scotland) Act 2005, Cross Heading: Scottish Hospital Endowments Research Trust is up to date with all changes known to be in force on or before 12 February 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)The 1978 Act is amended as follows.
(2)In section 12 (establishment and functions of the Trust)—
(a)subsections (1) and (2) are repealed;
(b)in subsection (3), for the words “the Research Trust” substitute “the Scottish Hospital Endowments Research Trust (referred to in this Act as “the Research Trust”)”;
(c)in subsection (4B), the words from “Subject to” to “activity,” are repealed;
(d)subsection (5) is repealed;
(e)in subsection (6), the words from “, and shall send” to the end are repealed;
(f)subsection (6A) is repealed;
(g)for subsection (7), substitute—
“(7)The Research Trust shall prepare an annual report of their proceedings which shall include an abstract of their accounts.”;
(h)after that subsection, insert—
“(8)Schedule 7 shall have effect in relation to the Research Trust.”.
(3)In Schedule 7 (further provision as respects the Trust)—
(a)paragraph 1 is repealed;
(b)for paragraph 3, substitute—
Subject to paragraph 3A, the Research Trust shall consist of such number of members appointed by the Trust as the Trust may determine.
3A(1)The persons who are the members of the Research Trust immediately before the day on which section 38 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) comes into force shall, on that day, continue to be members (the “continuing members”).
(2)The terms and conditions of appointment of the continuing members shall, on the 90th day after whichever of the following occurs first—
(a)the day on which that section comes into force; or
(b)the day on which the Research Trust first make standing orders under paragraph 3F,
be the terms and conditions of appointment the Research Trust determine for the members appointed by them under paragraph 3B(1).
(3)The provisions of paragraphs 3B(2) and (3) to 3D and 3F shall apply to the continuing members as they apply to members appointed under paragraph 3; and in the application of paragraph 3C any period of appointment of a continuing member as a member (before he became a continuing member by virtue of sub-paragraph (1)) shall count for the purposes of determining eligibility for re-appointment in accordance with paragraph 3C.
(1)Subject to the provisions of this Schedule, the appointment of a member under paragraph 3 shall be on such terms and conditions as the Research Trust may determine, but shall not be for a period exceeding 4 years.
(2)A person holds and vacates office as member in accordance with the person's terms of appointment.
(3)A person may resign office as member at any time by notice in writing to the Research Trust.
A person who ceases to be a member of the Research Trust shall be eligible for re-appointment, but only once.
The Research Trust may make payments from their funds to their members in respect of any loss of earnings the members would otherwise have made or any additional expenses to which they would not otherwise have been subject, being loss of expenses necessarily suffered or incurred for the purpose of enabling the members to discharge their duties as members of the Trust.
(1)The Research Trust may appoint such staff, on such terms and conditions (including as to remuneration and allowances), as they consider appropriate.
(2)The Research Trust may—
(a)pay, or make arrangements for the payment of;
(b)make payments towards the provision of; and
(c)provide and maintain schemes (whether contributory or not) for the payment of,
such pensions, allowances and gratuities to or in respect of such of their employees, or former employees, as they may determine.
(3)The reference in sub-paragraph (1) to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of employment or reduction in remuneration.
(1)The Research Trust—
(a)shall make and maintain standing orders regulating—
(i)the appointment by them of members;
(ii)the appointment of a member as convener;
(iii)the terms and conditions of office of members and convener;
(v)such other matters as the Research Trust consider appropriate;
(b)may, subject to sub-sub-paragraph (a), amend such standing orders from time to time.
(2)The first set of standing orders under this paragraph shall be made before the expiry of the period of 90 days beginning with the day on which section 38 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) comes into force.
(3)Subject to the provisions of this Schedule, the Research Trust may regulate their own procedure.
(4)The validity of any proceedings of the Research Trust shall not be affected by any vacancy in membership nor by any defect in the appointment of a member.
The Research Trust may do anything which appears to them to be necessary or expedient for the purpose of, or in connection with, the exercise of their functions.”;
(c)in paragraph 6, the words from “, unless” to “case,”, where it first occurs, are repealed;
(d)paragraph 7 is repealed.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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