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The Invicta Community Care National Health Service Trust (Establishment) Order 1997

S.I. 1997/419 · Made 24 February 1997

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 24th February 1997

Coming into force 1st April 1997

The Secretary of State for Health, in exercise of the powers conferred on him 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 him in that behalf, having completed the consultation prescribed by 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; 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 National Health Service and Community Care Act 1990 (c. 19).

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 Invicta Community Care National Health Service Trust (Establishment) Order 1997 and shall come into force on 1st April 1997.

(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 service 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;

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

  • “the trust” means the Invicta Community Care 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 Invicta Community Care 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 shall be—

(a)

to own and manage hospital accommodation and services at Sevenoaks Hospital, Hospital Road, Sevenoaks, Kent TN13 3PG and associated hospitals;

(b)

to own and manage hospital accommodation and services provided at 180 Union Street, Maidstone, Kent ME14 1EY and associated hospitals;

(c)

to manage community health services provided from Michel Tetly Hall, Sandhurst Road, Tunbridge Wells, Kent TN2 3JP and to own the associated premises;

(d)

to manage community health services provided from 180 Union Street, Maidstone, Kent ME14 1EY 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 1 April 1997.

(2)

The accounting date of the trust shall be 31 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

John Horam

Parliamentary under Secretary of State

Department of Health

24th February 1997

Explanatory note

(This note is not part of the Order)

This Order establishes the Invicta Community Care 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). It specifies the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5), and it specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the assets (article 6).