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The Local Health Partnerships National Health Service Trust (Establishment) Order 1999

S.I. 1999/851 · Made 15 March 1999

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 15th March 1999

Coming into force 1st April 1999

The Secretary of State for Health, in exercise of the powers conferred on him by section 5(1) of, and paragraphs 1, 3 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, functions in relation to the provision of services by the trust for one or more 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 Local Health Partnerships National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.

(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;

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

  • “the trust” means the Local Health Partnerships 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 Local Health Partnerships National Health Service Trust.

3Nature and functions of the trust

(1)

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

(2)

The trust’s functions shall be:–

(a)

to own and manage pursuant to section 5(1)(a) of the Act:–

(i)

Allington House, 427 Woodbridge Road, Ipswich IP4 4ER,

(ii)

Sampson House, Foxhall Road, Ipswich, Suffolk IP3 8BL,

(iii)

Child Health Centre, Hospital Road, Bury St. Edmunds, Suffolk IP33 3ND,

and associated hospitals, establishments and facilities, and there and from there to provide and manage community health services; and

(b)

to provide and manage pursuant to section 5(1)(b) of the Act:–

(i)

EMI Day Centre, 12 Acre Approach, Rupert Fison Centre Ltd, Kesgrave, Suffolk IP1 1JF,

(ii)

EMI Day Centre, Saxon Road, Saxmundham, Suffolk IP17,

(iii)

St. Clement’s Hospital, Foxhall Road, Ipswich, Suffolk IP3 8LS, and

(iv)

Wedgwood Unit, Hardwick Lane, Bury St. Edmunds, Suffolk IP33 2QZ,

and there and from there to provide and manage community health services.

4Directors of the trust

The trust shall have, in addition to the chairman, 6 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 1999.

(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

John Denham

Minister of State,

Department of Health

15th March 1999

Explanatory note

(This note is not part of the Order)

This Order establishes on 1st April 1999 Local Health Partnerships National Health Service Trust (“the new 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 new trust (article 3). It specifies the number of executive and non-executive directors of the new trust (article 4), its operational date (the date on which the new trust assumes all its functions) and its accounting date (article 5), and the value above which assets cannot be disposed of without the Secretary of State’s consent (article 6).

The new trust replaces:

  • the Allington National Health Service Trust,

  • the East Suffolk Local Health Services National Health Service Trust, and

  • the Mid Anglia Community Health National Health Service Trust.

This Order should be read in conjunction with the Allington, the East Suffolk Local Health Services and the Mid Anglia Community Health National Health Service Trusts (Dissolution) Order 1999f1.