The National Health Service Trusts (Miscellaneous Dissolutions) Order 2002

Statutory Instruments

2002 No. 2616

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service Trusts (Miscellaneous Dissolutions) Order 2002

Made

14th October 2002

Coming into force

18th October 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, 29(1), and 30(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 National Health Service Trusts listed in article 2 of this Order, and having completed the consultation prescribed under section 5(2) of, and paragraphs 29(3) and 30(3) of Schedule 2 to, the National Health Service and Community Care Act 1990(3), hereby makes the following Order:

Citation, commencement, interpretation

1.—(1) This Order may be cited as the National Health Service Trusts (Miscellaneous Dissolutions) Order 2002 and shall come into force on 18th October 2002.

(2) In this Order—

“the dissolution date” means the day after the date on which this Order comes into force; and

“the dissolving trusts” means the trusts that will dissolve as a consequence of article 2 of this Order.

Dissolution of National Health Service Trusts

2.  On the dissolution date—

(a) the Birmingham Specialist Community Health National Health Service Trust, which was established by the Birmingham Specialist Community Health National Health Service Trust (Establishment) Order 1999(4);

(b) the Coventry Healthcare National Health Service Trust, which was established by the Coventry Healthcare National Health Service Trust (Establishment) Order 1994(5);

(c) the Dudley Priority Health National Health Service Trust, which was established by the Dudley Priority Health National Health Service Trust (Establishment) Order 1994(6);

(d) the North Warwickshire National Health Service Trust, which was established by the North Warwickshire National Health Service Trust (Establishment) Order 1992(7);

(e) the Shropshire’s Community and Mental Health Services National Health Service Trust, which was established by the Shropshire’s Community and Mental Health Services National Health Service Trust (Establishment) Order 1998(8);

(f) the South Warwickshire Combined Care National Health Service Trust, which was established by the South Warwickshire Combined Care National Health Service Trust (Establishment) Order 1998(9); and

(g) the Walsall Community Health National Health Service Trust, which was established by the Walsall Community Health National Health Service Trust (Establishment) Order 1992(10);

are dissolved, and their Establishment Orders are accordingly revoked.

Residual property, rights, and liabilities to vest in Secretary of State

3.  Any residual property, rights, or liabilities that remain with the dissolving trusts immediately prior to their dissolution shall transfer to the Secretary of State.

Signed by authority of the Secretary of State for Health

David Lammy

Parliamentary Under Secretary of State,

Department of Health

14th October 2002

Explanatory Note

(This note is not part of the Order)

This Order dissolves the Birmingham Specialist Community Health National Health Service Trust, the Coventry Healthcare National Health Service Trust, the Dudley Priority Health National Health Service Trust, the North Warwickshire National Health Service Trust, the Shropshire’s Community and Mental Health Services National Health Service Trust, the South Warwickshire Combined Care National Health Service Trust, and the Walsall Community Health National Health Service Trust (article 2).

The Order also transfers any residual property, rights and liabilities that remains with these trusts to the Secretary of State (article 3).

This Order does not impose a charge on businesses.

(1)

1977 c. 49. Section 126(3) was amended by the National Health Service and Community Care Act 1990 (c. 19), 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. Section 5(2) was amended by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), section 2(1), Schedule 1, paragraph 69(b). Paragraph 30 of Schedule 2 was amended by the 1995 Act, section 2(1), Schedule 1, paragraph 85(g); and by the 1999 Act, Schedule 4, paragraphs 74, 83(1), (7).

(3)

See S.I 1996/653.

(4)

S.I 1999/3467. This Statutory Instrument was amended by S.I. 2000/2044.

(5)

S.I. 1994/170. This Statutory Instrument was amended by S.I. 1998/1170.

(6)

S.I. 1994/162. This Statutory Instrument was amended by S.I. 1998/2667.

(7)

S.I. 1992/2552. This Statutory Instrument was amended by S.I. 1998/814.

(8)

S.I. 1998/500.

(9)

S.I. 1998/517.

(10)

S.I. 1992/2553.