The National Health Service Trusts (Membership and Procedure) (Scotland) Amendment Regulations 1993

Statutory Instruments

1993 No. 412 (S.41)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service Trusts (Membership and Procedure) (Scotland) Amendment Regulations 1993

Made

25th February 1993

Laid before Parliament

9th March 1993

Coming into force

30th March 1993

The Secretary of State, in exercise of the powers conferred on him by sections 12A(5), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978((1)), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) (Scotland) Amendment Regulations 1993 and shall come into force on 30th March 1993.

(2) In these Regulations the “principal Regulations” means the National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 1991((2)).

Amendment of the principal Regulations

2.  In paragraph 1 of regulation 3 of the principal Regulations (qualification for appointment as executive director) in head (c) sub-heads (i), (ii) and (iii) are deleted and there are substituted the following sub-heads:—

“(i) a medical or a dental practitioner; and

(ii) a registered nurse or registered midwife within the meaning of section 10(7) of the Nurses, Midwives and Health Visitors Act 1979((3)).”.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

25th February 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 1991 (“the principal Regulations”) which make provision concerning the membership and procedure of NHS Trusts.

Regulation 3(1) of the principal Regulations is amended to provide that, except in the case of trusts which (a) do not provide services directly to patients or (b) whose principal function is to provide ambulance or patient transport services, the executive directors of a trust shall include a medical or a dental practitioner.

(1)

1978 c. 29; section 12A(5) was inserted by the National Health Service and Community Care Act 1990 (c. 19) section 31; section 105(7), which was amended by the Health Service Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, contains provisions relevant to the exercise of the powers under which these Regulations are made; section 108(1) contains definitions of “prescribed” and “regulations”.

(2)

S.I. 1991/535.

(3)

1979 c. 36.