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The Mersey Care National Health Service Trust (Establishment) Order 2001

S.I. 2001/1888 · Made 24 March 2001

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

Made 24th March 2001

Coming into force 1st April 2001

The Secretary of State for Health, in exercise of the powers conferred upon him by section 5(1) of, and paragraphs 1, 3, 4, and 5 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, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1990 c. 19; section 5 was amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 69(d) and by the Health Act 1999 (c. 8) section 13; paragraph 1 of Schedule 2 is cited for the definition of “an order”; paragraph 3 of Schedule 2 to the 1990 Act was amended by the Health Act 1999, section 13(7).

f2

See S.I. 1996/653.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Establishment and name of trust
  3. 3Nature and functions of the trust
  4. 4Directors of trust
  5. 5Operational date and accounting date of the trust
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Mersey Care National Health Service Trust (Establishment) Order 2001 and shall come into force on 1st April 2001.

(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;

  • “establishment date” means 1st April 2001;

  • “high security psychiatric services” has the meaning assigned to it in the National Health Service Act 1977, section 4f2;

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

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

2Establishment and name of trust

There is hereby established an NHS trust which shall be called the Mersey Care 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 provide hospital accommodation and services and community health services at or from Longmoor Lane, Liverpool L9 7JP and at or from any associated hospitals, establishments and facilities; and

(b)

subject to having approval under paragraph 10(2) of Schedule 2 to the Actf1, to provide high security psychiatric services at or from Ashworth Hospital, Parkbourn, Maghull Merseyside L31 1HW.

4Directors of trust

(1)

The trust shall have in addition to the chairman 7 non-executive directors and the number of executive directors determined under paragraph (2)f1.

(2)

The number of executive directors shall be—

(a)

5, unless

(b)

the trust is approved under paragraph 10(2) of Schedule 2 to the Act for the purpose of providing high security psychiatric services, in which case, 7.

(3)

Where paragraph (2)(b) applies, one of the executive directors shall be the chief officer with responsibility for high security psychiatric servicesf2 and one shall be appointed subject to termination of the appointment in the event that the trust ceases to be approved as mentioned in that paragraph.

5Operational date and accounting date of the trust

(1)

The operational date shall be 1st April 2001.

(2)

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

Signature

Signed by authority of the Secretary of State for Health

Hunt

Parliamentary Under Secretary of State,

Department of Health

24th March 2001

Explanatory note

(This note is not part of the Order)

This Order establishes the Mersey Care National Health Service Trust as an NHS trust, provided for in section 5 of the National Health Service and Community Care Act 1990.

The Order 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 (the date on which the trust assumes all its functions), and the accounting date of the trust (article 5).

The new trust will provide certain services currently provided by the Aintree Hospitals, the North Mersey Community, and the North Sefton & West Lancashire Community National Health Service Trusts, and, at a date to be determined, certain services currently provided by the St Helens and Knowsley Hospital Services National Health Service Trust.

Furthermore, subject to approval under paragraphs 10(2) and (3) of Schedule 2 to the National Health Service and Community Care Act 1990, the management of certain functions, and of certain high security psychiatric services currently provided by Ashworth Special Health Authority at Ashworth Hospital will be undertaken by the new trust.

This Order is to be read in conjunction with the North Mersey Community National Health Service Trust (Establishment) Amendment Order 2001f1, and the North Sefton & West Lancashire Community National Health Service Trust (Establishment) Amendment Order 2001f2.