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The Cornwall Healthcare National Health Service Trust (Establishment) Order 1993

S.I. 1993/813 · Made 19 March 1993

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 19th March 1993

Coming into force 1st April 1993

The Secretary of State for Health, in exercise of powers conferred on her by section 5(1) of, and paragraphs 1, 3, 4, 5 and 6(2)(d) of Schedule 2 to, the National Health Service and Community Care Act 1990f1 and of all other powers enabling her in that behalf, having directed the relevant Regional Health Authority, as defined in section 5(4) of that Act, to consult the persons or bodies referred to in section 5(2) of that Act and having received and considered the results of that consultation, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

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

Contents

  1. 1Citation, commencement and interpretation
  2. 2Establishment of the trust
  3. 3Nature and functions 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 Cornwall Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st April 1993.

(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 she has a duty to provide under section 5(1) or (1A) of that Actf1;

  • “operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;

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

2Establishment of the trust

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

3Nature and functions of the trust

(1)

The trust is established for the purpose specified in section 5(1)(a) of the Act.

(2)

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 hospital accommodation and services provided at Penrice Hospital, Porthpean Road, St. Austell, Cornwall PL26 6AD and associated hospitals;

(b)

to manage community health services provided from Trust Headquarters, Porthpean Road, St. Austell, Cornwall PL26 6AD and to own the associated premises.

4Directors of the trust

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

5Operational date and accounting date of the trust

(1)

The operational date of the trust shall be 1st April 1993.

(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

Virginia Bottomley

Secretary of State for Health

19th March 1993

Explanatory note

(This note is not part of the Order)

This Order establishes the Cornwall Healthcare 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 after (article 3) its operational date (the date on which it assumes all its functions). It specifies the operational date and the accounting date of the trust (article 5). It specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the asset (article 6).