National Health Service (Scotland) Act 1978

SCHEDULE 7S The Research Trust

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2SThe Research Trust shall be a body corporate.

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[F2Members

3SSubject 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”).S

(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.

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Terms of office etc

3B(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.S

(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.

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Eligibility for re-appointment

3CSA person who ceases to be a member of the Research Trust shall be eligible for re-appointment, but only once.

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Payments to members

3DSThe 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.

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Staff

3E(1)The Research Trust may appoint such staff, on such terms and conditions (including as to remuneration and allowances), as they consider appropriate.S

(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.

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Standing orders

3F(1)The Research Trust—S

(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;

(iv)their procedure;

(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.

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Powers etc.

3GSThe 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.

4The Research Trust shall have power to purchase land and to invest in any securities in which trustees are authorised to invest under or in pursuance of the M1Trusts (Scotland) Act 1921; and they may—

(a)retain any investment which they from time to time receive;

(b)make a narrower-range investment falling within Part II of Schedule 1 to the M2Trustee Investments Act 1961 without first obtaining advice as required by section 6 of that Act;

(c)invest in the units of a unit trust scheme or in participation certificates or in any form of participation under any trust or scheme having the effect of enabling persons to participate in the profits and income arising from the acquisition, holding, management or disposal of securities or of land. [F3 It is hereby declared, for the avoidance of doubt, that the Research Trust has at all times had the power referred to in this paragraph to invest in any security in which trustees are authorised to invest under or in pursuance of the Trustee Investments Act 1961.]

5SThe Research Trust shall have, in relation to their funds, the like powers as trustees have in relation to their trust estate under subsection (1) of section 4 of the M3Trusts (Scotland) Act 1921.

6SWhere the Research Trust borrow money or draw upon capital to meet expenditure of a capital nature, they shall set aside annually a sum sufficient to repay such loan or draft within a period which F4. . . shall not exceed 30 years; but this paragraph shall not apply in the case of a draft on capital to the extent only of surplus income added to capital.

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