The Lancashire Teaching Hospitals National Health Service Trust (Establishment) and the Chorley and South Ribble National Health Service Trust and Preston Acute Hospitals National Health Service Trust (Dissolution) Order 2002

Statutory Instruments

2002 No. 2025

NATIONAL HEALTH SERVICE, ENGLAND

The Lancashire Teaching Hospitals National Health Service Trust (Establishment) and the Chorley and South Ribble National Health Service Trust and Preston Acute Hospitals National Health Service Trust (Dissolution) Order 2002

Made

29th July 2002

Coming into force

1 August 2002

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 126(3) of the National Health Service Act 1977(1) and by section 5(1) of, and paragraphs 1, 3, and 29(1) of Schedule 2 to, the National Health Service and Community Care Act 1990(2) and of all other powers enabling him in that behalf, considering it appropriate in the interests of the health service to dissolve the Chorley and South Ribble National Health Service Trust(3) and Preston Acute Hospitals National Health Service Trust(4), and having completed the consultation prescribed under section 5(2) of, and paragraph 29(3) of Schedule 2 to, the National Health Service and Community Care Act 1990(5), hereby makes the following order:

Citation, commencement, interpretation, and extent

1.—(1) This order may be cited as the Lancashire Teaching Hospitals National Health Service Trust (Establishment) and the Chorley and South Ribble National Health Service Trust and Preston Acute Hospitals National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1 August 2002.

(2) In this Order—

“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 also any service which the Secretary of State has a duty to provide under section 5(1) or (1A) (6) of that Act;

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

“the trust” means the Lancashire Teaching Hospitals National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust

2.  There is established a National Health Service trust which shall be called the Lancashire Teaching Hospitals National Health Service Trust.

Nature and functions of the trust

3.—(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) Royal Preston Hospital, Sharoe Green Lane North, Fulwood, Preston, Lancashire PR2 9HT,

(b) Sharoe Green Hospital, Sharoe Green Lane South, Fulwood, Preston, Lancashire, PR2 8DU,

(c) Chorley and South Ribble District General Hospital, Preston Road, Chorley, Lancashire PR7 1PP, and

(d) at or from any associated hospitals, establishments, and facilities.

Directors of the trust

4.  The trust shall have a chairman, 5 executive directors, 6 non-executive directors, and 1 university representative.

Operational and accounting dates of the trust

5.—(1) The operational date of the trust shall be 1 August 2002.

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

Dissolution of National Health Service trusts

6.—(1) The Chorley and South Ribble National Health Service Trust, which was established by the Chorley and South Ribble National Health Service Trust (Establishment) Order 1992, is dissolved, and that Establishment Order is accordingly revoked.

(2) The Preston Acute Hospitals National Health Service Trust, which was established by the Preston Acute Hospitals National Health Service Trust (Establishment) Order 1993, is dissolved, and that Establishment Order is accordingly revoked.

Signed by authority of the Secretary of State for Health

Hunt

Parliamentary Under Secretary of State,

Department of Health

29th July 2002

Explanatory Note

(This note is not part of the Order)

This Order establishes the Lancashire Teaching Hospitals National Health Service Trust (`the new trust') as a National Health Service Trust under the terms set out in section 5 of the National Health Service and Community Care Act 1990 (article 2).

The Order also dissolves the Chorley and South Ribble National Health Service Trust and the Preston Acute Hospitals National Health Service Trust on 1 August 2002 (article 6).

The Order provides for the functions of the new trust (article 3) and the number of executive directors, non-executive directors, and university representatives (article 4). It also specifies the date on which the new trust becomes operational, and its accounting date (article 5).

This Order does not impose a charge on businesses.

(1)

1977 c. 49 (“the 1977 Act”). Section 126(3) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), s65(2), and the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 27.

(2)

1990 c. 19. Section 5(1) was amended by the Health Act 1999 (c. 8) (“the 1999 Act”), section 13(1)(a), (10), and by section 65(2), Schedule 5. Paragraph 3 of Schedule 2 was amended by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), section 2(1), Schedule1, paragraph 85(a); by the 1999 Act, section 13(7), (10), and section 65(1), Schedule 4, paragraphs 74, 83(1), (2).

(3)

S.I. 1992/2470.

(4)

S.I. 1993/2625.

(5)

Section 5(2) of the 1999 Act was amended by the 1995 Act, section 2(1), Schedule 1, paragraph 69(b).

(6)

Section 5(1) of the 1997 Act was amended by the Health and Medicines Act 1988, section 25, and by the School Standards and Framework Act 1998, section 140(3), Schedule 31. Section 5(1A) was inserted by the Health and Medicines Act 1988, section 10(1), and amended by the School Standards and Framework Act 1998, section 140(3), Schedule 31.