Office of Public Sector Information
PART 6 continued
(1) The Scottish Ministers may do any (or all) of the following—
(a) form or participate in forming companies to provide facilities or services for persons or groups of persons exercising functions, or otherwise providing services, under this Act;
(b) participate in companies providing facilities or services for persons or groups of persons falling within paragraph (a);
(c) with a view to securing or facilitating the provision by companies of facilities or services for persons or groups of persons falling within paragraph (a)—
(i) invest in the companies (whether by acquiring assets, securities or rights or otherwise);
(ii) provide loans and guarantees and make other kinds of financial provision to or in respect of them.
(2) For the purpose of subsection (1), it is immaterial that the facilities or services provided or to be provided by a company are not provided or to be provided—
(a) only to persons or groups of persons exercising functions, or otherwise providing services, under this Act; or
(b) to such persons or groups of persons only in that capacity.
(3) In this section—
“companies” means companies within the meaning of the Companies Act 1985 (c. 6);
“facilities” includes the provision of (or the use of) premises, goods, equipment, materials, vehicles, plant or apparatus.”.
(2) After section 7(7B) of the Health and Medicines Act 1988 (c. 49) (powers of the Secretary of State for financing the health service), insert—
“(7C) The power specified in paragraph (g) of subsection (2) above includes power for the Scottish Ministers—
(a) to form or participate in forming companies,
(b) to—
(i) participate in companies,
(ii) invest in companies (whether by acquiring assets, securities or rights or otherwise),
(iii) provide loans and guarantees and make other kinds of financial provision to or in respect of companies,
where it appears to them that to do so is calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred by that subsection.
(7D) In subsection (7C) above “companies” means companies within the meaning of the Companies Act 1985; and that subsection is without prejudice to the generality of subsection (2) above.”.
(1) The 1978 Act is amended as follows.
(2) In section 12 (establishment and functions of the Trust)—
(a) subsections (1) and (2) are repealed;
(b) in subsection (3), for the words “the Research Trust” substitute “the Scottish Hospital Endowments Research Trust (referred to in this Act as “the Research Trust”)”;
(c) in subsection (4B), the words from “Subject to” to “activity,” are repealed;
(d) subsection (5) is repealed;
(e) in subsection (6), the words from “, and shall send” to the end are repealed;
(f) subsection (6A) is repealed;
(g) for subsection (7), substitute—
“(7) The Research Trust shall prepare an annual report of their proceedings which shall include an abstract of their accounts.”;
(h) after that subsection, insert—
“(8) Schedule 7 shall have effect in relation to the Research Trust.”.
(3) In Schedule 7 (further provision as respects the Trust)—
(a) paragraph 1 is repealed;
(b) for paragraph 3, substitute—
3 Subject 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”).
(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.
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.
(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.
3C A person who ceases to be a member of the Research Trust shall be eligible for re-appointment, but only once.
3D The 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.
3E (1) The Research Trust may appoint such staff, on such terms and conditions (including as to remuneration and allowances), as they consider appropriate.
(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.
3F (1) The Research Trust—
(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.
3G The 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.”;
(c) in paragraph 6, the words from “, unless” to “case,”, where it first occurs, are repealed;
(d) paragraph 7 is repealed.
Smoking, Health and Social Care (Scotland) Act 2005