For regulation 2 of the principal Regulations (maximum number and appointment of directors) there is substituted the following:–
Maximum number and appointment of directors
(2)
(1) Subject to paragraph (3), the maximum number of directors of an NHS trust shall be eleven.
(2) All of the non-executive directors of an NHS trust shall be appointed by the Secretary of State and the executive directors of an NHS trust shall be appointed by the appointing committee in accordance with regulation 12.
(3) Where an NHS trust is regarded as having a significant teaching commitment as defined in paragraph 3(2) of Schedule 7A to the Act, the maximum number of directors shall be twelve.