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The Bay Community National Health Service Trust (Establishment) Order 1998 in England

S.I. 1998/821 · Made 18 March 1998

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Made 18th March 1998

Coming into force 1st April 1998

The Secretary of State for Health, in exercise of the powers conferred on him by section 5(1) of, and paragraphs 1, 3 to 5 and 6(2)(d) of Schedule 2 to, the National Health Service and Community Care Act 1990f1 and of all other powers enabling him in that behalf, having completed the consultation prescribed under section 5(2) of that Actf2, and considering it appropriate to include, among the functions of the NHS trust established by this Order, certain functions in relation to the provision of services by the trust for Health Authorities or Special Health Authoritiesf3, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1990 c. 19 (“the 1990 Act”); paragraph 1 of Schedule 2 is cited for the definition of “an order”.

f2

Section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17); see S.I. 1996/653.

f3

See section 5(6) of the 1990 Act.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Establishment and name of the trust
  3. 3Functions of the trust
  4. 4Directors of the trust
  5. 5Operational date and accounting date of the trust
  6. 6Restriction on disposal of assets
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Bay Community National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.

(2)

In this Order, unless the context otherwise requires—

  • “the Act” means the National Health Service and Community Care Act 1990;

  • “community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Actf1;

  • “the trust” means the Bay Community National Health Service Trust established by article 2 of this Order.

2Establishment and name of the trust

There is hereby established an NHS trust which shall be called the Bay Community National Health Service Trust.

3Functions of the trust

The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be—

(a)

to own and manage pursuant to section 5(1)(a) of the Act hospitals, establishments and facilities in the area of Morecambe Bay Health Authority which were previously managed or provided by one or more Health Authorities, and there to provide and manage community health services; and

(b)

to provide and manage pursuant to section 5(1)(b) of the Act all or any of the following sites—

(i)

Blackhall Unit, Westmorland General Hospital, Burton Road, Kendal, Cumbria LA9 7RG,

(ii)

Altham Meadow, Off Altham Road, Westgate, Morecambe, Lancashire,

(iii)

Heysham Moss, Off Middleton Road, Heysham, Lancashire,

(iv)

Pointer Court, Off Ashton Road, Lancaster, Lancashire,

(v)

Royal Albert Farm, Off Ashton Road, Lancaster, Lancashire,

and other hospitals, establishments or facilities in the area of Morecambe Bay Health Authority, and there to provide and manage community health services.

4Directors of the trust

The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.

5Operational date and accounting date of the trust

(1)

The operational date of the trustf1 shall be 1st April 1998.

(2)

The accounting date of the trust shall be 31st March.

6Restriction on disposal of assets

The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.

Signature

Signed by authority of the Secretary of State for Health

Alan Milburn

Minister of State

Department of Health

18th March 1998

Explanatory note

(This note is not part of the Order)

This Order establishes the Bay Community National Health Service Trust, an NHS trust provided for in section 5 of the National Health Service and Community Care Act 1990. It also provides for the functions of the trust (article 3) and the number of executive and non-executive directors (article 4). It specifies the operational date and the accounting date of the trust (article 5). It specifies the value above which assets cannot be disposed of without the Secretary of State’s consent (article 6).

This should be read in conjunction with the Lancaster Priority Services National Health Service Trust (Dissolution) Order 1998f1 and the South Cumbria Community and Mental Health National Health Service Trust (Dissolution) Order 1998f2.