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The North Cheshire Hospitals National Health Service Trust (Establishment) Order 2001

S.I. 2001/345 · Made 8 February 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 8th February 2001

Coming into force 19th February 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. 6Limited functions before operational date
  7. 7Assistance by Health Authorities before operational date
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the North Cheshire Hospitals National Health Service Trust (Establishment) Order 2001 and shall come into force on 19th February 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 19th February 2001;

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

  • “the trust” means the North Cheshire Hospitals 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 North Cheshire Hospitals 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 to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from:

(a)

Halton General Hospital, Hospital Way, Runcorn, Cheshire;

(b)

Warrington District Hospital, Lovely Lane, Warrington, Cheshire

and at or from any associated hospitals, establishments or facilities.

4Directors of trust

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

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.

6Limited functions before operational date

Between its establishment date and its operational date the trust shall have the functions—

(a)

of entering into NHS contracts,

(b)

of entering into other contracts including contracts of employment; and

(c)

of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.

7Assistance by Health Authorities before operational date

(1)

The North Cheshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.

(2)

The liabilities referred to in the previous 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.

Signature

Signed by authority of the Secretary of State for Health

Hunt

Parliamentary Under Secretary of State,

Department of Health

8th February 2001

Explanatory note

(This note is not part of the Order)

This Order establishes the North Cheshire Hospitals 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), the accounting date of the trust (article 5) and the trust’s limited functions before the operational date (article 6). It also specifies the trust’s liabilities which will be discharged by the North Cheshire Health Authority if incurred between the establishment date and the operational date (article 7).

This Order is to be read in conjunction with the Halton General Hospital and the Warrington Hospital National Health Service Trusts Dissolution Order 2001.