The Thames Gateway National Health Service Trust (Establishment) Order 1998

Statutory Instruments

1998 No. 805

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Thames Gateway National Health Service Trust (Establishment) Order 1998

Made

17th March 1998

Coming into force

1st April 1998

The Secretary of State for Health, in exercise of the powers conferred on him by section 5(1) of, and paragraphs 1, 3 to 5 and 6(2)(d) of Schedule 2 to, the National Health Service and Community Care Act 1990(1) and of all other powers enabling him in that behalf, having completed the consultation prescribed under section 5(2) of that Act(2), 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 Authorities(3), hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Thames Gateway National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.

(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 Act(4);

“the trust” means the Thames Gateway National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust

2.  There is hereby established an NHS trust which shall be called Thames Gateway National Health Service Trust.

Functions of the trust

3.  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 Authorities) shall be:—

(a) to own and manage pursuant to section 5(1)(a) of the Act Keycol Hospital, Newington, Nr. Sittingbourne, Kent ME9 8NG and associated hospitals and premises, and there to provide hospital accommodation and services and community health services;

(b) to own and manage pursuant to section 5(1)(a) of the Act Archery House, Bow Arrow Lane, Dartford, Kent DA2 6PB and associated hospitals, and there to provide hospital accommodation and services;

(c) to own and manage pursuant to section 5(1)(a) of the Act the Livingstone Hospital, East Hill, Dartford, Kent DA1 1SA and the associated premises, and there to provide community health services;

(d) to provide and manage pursuant to section 5(1)(b) of the Act the adult psychiatric unit, Bow Arrow Lane, Dartford, Kent DA2 6PB, and there to provide hospital accommodation and services; and

(e) to provide and manage pursuant to section 5(1)(b) of the Act the community hospital, Barton Hill Drive, Minster, Sheerness, Kent and there to provide community health services.

Directors of the trust

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

Operational date and accounting date of the trust

5.—(1) The operational date of the trust(5) shall be 1st April 1998.

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

Restriction on disposal of assets

6.  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.

Signed by authority of the Secretary of State for Health

Alan Milburn

Minister of State

Department of Health

17th March 1998

Explanatory Note

(This note is not part of the Order)

This Order establishes the Thames Gateway 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 number of executive and non-executive directors of the trust (article 4) and the operational date and the accounting date of the trust (article 5). It specifies the value above which assets cannot be disposed of without the Secretary of State’s consent (article 6).

This Order should be read in conjunction with the Dissolution of the North Kent Healthcare National Health Service Trust and the Thameslink Healthcare Services National Health Service Trust Order 1998(6).

(1)

1990 c. 19 (“the 1990 Act”); paragraph 1 of Schedule 2 is cited for the definition of “an order”.

(2)

Section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17); see S.I. 1996/653.

(3)

See section 5(6) of the 1990 Act.

(4)

1977 c. 49; section 5 was amended by and section 5(1A) inserted by the Health and Medicines Act 1988 (c. 49) section 10(1); Schedule 1 was amended by the Education Act 1980 (c. 20), Schedule 1, and the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 7.

(5)

See, for the definition of “operational date”, paragraph 3(1)(e) of Schedule 2 to the 1990 Act.

(6)

S.I. 1998/807.