1999 No. 3467
The Birmingham Specialist Community Health National Health Service Trust (Establishment) Order 1999
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, 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 by section 5(2) of that Act2, hereby makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Birmingham Specialist Community Health National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st January 2000.
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 1st January 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Birmingham Specialist Community Health 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 Birmingham Specialist Community Health 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, at or from Moseley Hall Hospital, Alcester Road, Moseley, Birmingham B13 8JK and associated premises, goods and the following services, namely–
a
community health services; and
b
hospital accommodation and services (including the management of teaching and research facilities)
for the purposes of the health service.
Directors of the trust4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Significant teaching commitment5
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of Birmingham.
Operational date and accounting date of the trust6
1
The operational date of the trust shall be 1st April 2000.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date7
Between the establishment date and the 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 things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date8
1
The Birmingham 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 preceding 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 its operational date.
Signed by authority of the Secretary of State for Health
(This note is not part of the Order)