PART IGENERAL

Citation, commencement and interpretation1.

(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 19782;

“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 Act3;
“Family Health Services Authority” has the meaning indicated by section 10 of the National Health Service Act 19774;
“health authority” has the meaning given by section 128(1) of the National Health Services Act 19775;

“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 19846;

(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 19907;

(d)

the Scottish Dental Practice Board constituted by Regulations having effect under section 4 of the Act8;

(e)

the Dental Practice Board constituted by Regulations having effect under section 37 of the National Health Service Act 19779;

(f)

the Public Health Laboratory Service Board continued in being by section 5(4) of the National Health Service Act 197710;

(g)

the National Radiological Protection Board established by section 1(1) of the Radiological Protection Act 197011;
“operational date” has the meaning given in paragraph 3(1)(e) of Schedule 7A to the Act12;
“trade union” has the meaning given in section 28(1) of the Trade Union and Labour Relations Act 197413.

(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.