3.—(1) Without prejudice to any amendment made by a subsequent order, the first order to be made in relation to any HSS trust shall specify—
(a)the name of the trust;
(b)the functions of the trust;
(c)the number of executive directors and non-executive directors;
(d)where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the non-executive directors referred to in head (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 Article 11, the relevant body which is to make the scheme.
(2) For the purposes of sub-paragraph (1)(d), an HSS trust is to be regarded as having a significant teaching commitment in the following cases—
(a)if the trust is established to assume responsibility for the ownership and management of a hospital or other establishment or facility which, in the opinion of the Department, has a significant teaching and research commitment; and
(b)in any other case, if the Department so provides in the order.
(3) 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 trust, his employment by the trust shall be disregarded in determining whether, if appointed, he will be a non-executive director of the trust.