Statutory Instruments of the Scottish Parliament

" Nature and functions of the trust
     3.  - (1) The trust is established for the purpose specified in section 12A(1) ofthe Act.

    (2) The trust's functions shall be-


(a) to provide goods and services for the purpose of the Health Service at,from or through hospital accommodation and facilities at Kelso Hospital,Kelso and Hay Lodge Hospital, Peebles, and at establishments associatedwith those hospitals, and also including the management of any teaching andresearch facilities associated with those facilities and the supportservices related thereto;

(b) insofar as not included in paragraph (a) above, to make arrangementsfor the provision of services mentioned in Part II of the Act; and

(c) to carry out the primary and community health care functions of BordersHealth Board under the following Regulations-


(i) The National Health Service (Dental Charges) (Scotland) Regulations1989[3];

(ii) The National Health Service (Optical Charges and Payments) (Scotland)Regulations 1998[4];

(iii) The National Health Service (Charges for Drugs and Appliances)(Scotland) Regulations 1989[5];

(iv) The National Health Service (Travelling Expenses and Remission ofCharges) (Scotland) Regulations 1988[6].".

    (2) In article 4 of the principal Order (directors of the trust) for thewords "non-executive directors" there is substituted "trustees".


IAIN GRAY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
29th September 1999

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Borders Primary Care National Health ServiceTrust (Establishment) Order 1998 (S.I. 1998/2709) to substitute a newarticle 3 relating to the nature and functions of the trust and to amendarticle 4 to substitute a reference to "trustees" for the reference to"non-executive directors"

[1] 1978 c.29; section 12A(1) and (4) was inserted by theNational Health and Community Care Act 1990 (c.19) ("the 1990 Act"),section 31 and amended by the Health Act 1999 (c.8) ("the 1999 Act"),section 46; Schedule 7A was inserted by the 1990 Act, Schedule 6 and wasamended by the 1999 Act, Schedule 4, paragraph 62. The functions of theSecretary of State were transferred to the Scottish Ministers by virtue ofsection 53 of the Scotland Act 1998 (c.46).back

[2] S.I. 1998/2709.back

[3] S.I. 1989/363, to which there are amendments not relevantto this Order.back

[4] S.I. 1998/642, to which there are amendments not relevantto this Order.back

[5] S.I. 1989/326, to which there are amendments not relevantto this Order.back

[6] S.I. 1988/546, to which there are amendments not relevantto this Orderback

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