2001 No. 44
The South Staffordshire Healthcare National Health Service Trust (Establishment) Order 2001
Made
Coming into force
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 19901 and of all other powers enabling him in that behalf, having completed the consultation prescribed under section 5(2) of that Act2, hereby makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the South Staffordshire Healthcare National Health Service Trust (Establishment) Order 2001 and shall come into force on 19th January 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 Act3;
“establishment date” means 19th January 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Staffordshire Healthcare National Health Service Trust established by article 2 of this Order.
Establishment and name of trust2
There is hereby established an NHS trust which shall be called the South Staffordshire Healthcare National Health Service Trust.
Nature and functions of the trust3
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 the trust’s headquarters, Corporation Street, Stafford, Staffordshire ST16 3AG and at or from any associated hospitals, establishments or facilities.
Directors of trust4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date6
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.
Assistance by Health Authorities before operational date7
1
The South Staffordshire 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.
Signed by authority of the Secretary of State for Health
(This note is not part of the Order)