Statutory Instruments

1993 No. 694

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Lewisham Hospital National Health Service Trust (Establishment) Order 1993

Made

11th March 1993

Coming into force

22nd March 1993

The Secretary of State for Health, in exercise of powers conferred on her by section 5(1) of and paragraphs 1, 3, 4, 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 her in that behalf, having directed the relevant Regional Health Authority, as defined in section 5(4) of that Act, to consult the persons or bodies referred to in section 5(2) of that Act and having received and considered the results of that consultation, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Lewisham Hospital National Health Service Trust (Establishment) Order 1993 and shall come into force on 22nd March 1993.

(2) In this Order unless the context otherwise requires–

“the Act” means the National Health Service and Community Care Act 1990;

“establishment date” means 22nd March 1993;

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

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

Establishment of the trust

2.  There is hereby established an NHS trust which shall be called the Lewisham Hospital National Health Service Trust.

Nature and functions of the trust

3.—(1) The trust is established for the purpose specified in section 5(1)(a) of the Act.

(2) 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 to own and manage hospital accommodation and services provided at Lewisham Hospital, Lewisham High Street, Lewisham, London SE13 6LH and associated hospitals (including the management of its teaching and research facilities).

Directors of the trust

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

(2) Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of London.

Operational date and accounting date of the trust

5.—(1) The operational date of the trust shall be 1st April 1993.

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

Limited functions before operational date

6.  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 begin to operate satisfactorily with effect from its operational date.

Restriction on disposal of assets

7.  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.

Virginia Bottomley

Secretary of State for Health

11th March 1993

Explanatory Note

(This note is not part of the Order)

This Order establishes the Lewisham Hospital 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 both before (article 6) and after (article 3) its operational date (the date on which it assumes all its functions). It specifies the operational date and the accounting date of the trust (article 5) and specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the asset (article 7).

(1)

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