1998 No. 829
NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Durham County Priority Services National Health Service Trust (Establishment) Order 1998

Made
Coming into force
The Secretary of State for Health, in exercise of the powers conferred on him by section 5(1) of, and paragraphs 1, 3 and 6(2)(d) 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 by section 5(2) of that Act2, 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 Authorities3, hereby makes the following Order:

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Durham County Priority Services 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 Act4;

“the trust” means the Durham County Priority Services National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust2.

There is hereby established an NHS trust which shall be called the Durham County Priority Services National Health Service Trust.

Nature and functions of the trust3.

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 provide and manage pursuant to section 5(1)(b) of the Act hospitals, establishments or facilities in the area of County Durham Health Authority, and there to provide hospital accommodation and services and community health services.

Directors of the trust4.

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

Operational date and accounting date of the trust5.

(1)

The operational date of the trust5 shall be 1st April 1998.

(2)

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

Restriction on disposal of assets6.

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
(This note is not part of the Order)

This Order establishes the Durham County Priority Services 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 directors of the trust (article 4), the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5), and it specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the assets (article 6).

This Order should be read in conjunction with the North Durham Health Care National Health Service Trust (Establishment) Order 19986, the South Durham Health Care National Health Service Trust (Establishment) Order 19987, the Bishop Auckland Hospitals National Health Service Trust (Dissolution) Order 19988, the Community Health Care: North Durham National Health Service Trust (Dissolution) Order 19989, the Darlington Memorial Hospital National Health Service Trust (Dissolution) Order 199810, the North Durham Acute Hospitals National Health Service Trust (Dissolution) Order 199811, and the South Durham National Health Service Trust (Dissolution) Order 199812.