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The Foresterhill Hospitals National Health Service Trust (Establishment) Order 1991

S.I. 1991/2899 · Made 18 December 1991

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, SCOTLAND

Made 18th December 1991

Coming into force 1st January 1992

The Secretary of State, in exercise of powers conferred on him by sections 12A(1) and (4) of and paragraphs 1, 3, 4, 5 and 6(2)(d) of Schedule 7A to the National Health Service (Scotland) Act 1978f1 and of all other powers enabling him in that behalf, having received and considered the results of the consultation carried out by Grampian Health Board with the bodies specified in regulation 3 of the National Health Service Trusts (Consultation before Establishment) (Scotland) Regulations 1991f2, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1978 c. 29; section 12A(1) was inserted by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 31; Schedule 7A was inserted by the 1990 Act, Schedule 6; paragraph 1 of Schedule 7A is cited for the definition of “an order”.

f2

S.I. 1991/358.

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. 6Limited functions before operational date
  7. 7Assistance by health boards before operational date
  8. 8Restriction on disposal of assets
  9. Signature
  10. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Foresterhill Hospitals National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st January 1992.

(2)

In this Order unless the context otherwise requires–

  • “the Act” means the National Health Service (Scotland) Act 1978f1;

  • “establishment date” means 1st January 1992;

  • “operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Actf2;

  • “the trust” means the Foresterhill Hospitals 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 Foresterhill Hospitals National Health Service Trust.

3Nature and functions of the trust

(1)

The trust is established for the purpose specified in section 12A(1)(a) of the Actf1.

(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 boards) shall be to manage the hospital establishments or facilities known as Aberdeen Royal Infirmary, Aberdeen Royal Infirmary (Woolmanhill), Royal Aberdeen Children’s Hospital, Aberdeen Maternity Hospital and the Hyperbaric Centre, all in Aberdeen and Tor-na-Dee Hospital and Roxburghe House, both at Milltimer, Aberdeen including the management of the teaching and research facilities associated with these establishments and the support services related thereto.

4Directors of the trust

The trust shall have, in addition to the chairman, 5 non-executive directors, one of whom shall be appointed from the University of Aberdeen, and up to 5 executive directors.

5Operational date and accounting date of the trust

(1)

The operational date of the trust shall be 1st April 1992.

(2)

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

6Limited functions before operational date

Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–

(a)

of entering into NHS contracts;

(b)

of entering into other contracts including contracts of employment;

(c)

acquiring or disposing of land and other property; and

(d)

of doing such other things as are reasonably necessary for the said purposes.

7Assistance by health boards before operational date

(1)

The Grampian Health Board shall–

(a)

until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;

(b)

make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.

(2)

The Grampian Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.

(3)

The liabilities referred to in the preceding paragraph are–

(a)

liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;

(b)

liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;

(c)

liability for the remuneration of persons employed by the trust; and

(d)

any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.

(4)

The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Grampian Health Board.

8Restriction on disposal of assets

The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.

Signature

Ian Lang

One of Her Majesty’s Principal, Secretaries of State

St Andrew’s House,

Edinburgh

18th December 1991

Explanatory note

(This note is not part of the Order)

This Order establishes the Foresterhill Hospitals National Health Service Trust, an NHS trust provided for in section 12A of the National Health Service (Scotland) Act 1978. It also provides for the functions of the trust both before (article 6) and 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) and makes provision for assistance to the trust by the appropriate health board before its operational date (article 7).