1999 No. 896

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The East Kent Hospitals 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 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 East Kent Hospitals National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 1999.

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 East Kent Hospitals 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 East Kent Hospitals National Health Service Trust.

Nature and functions of the trust3

1

The trust is established for the purposes specified in section 5(1)(b) of the Act.

2

The trust’s functions shall be to provide and manage hospitals and other establishments or facilities within the area of East Kent Health Authority, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage 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 1999.

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

John DenhamMinister of State,Department of Health

(This note is not part of the Order)

This Order establishes the East Kent Hospitals 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) and the number of executive and non-executive directors (article 4). It specifies the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5), and the value above which assets cannot be disposed of without the Secretary of State’s consent (article 6).

This Order should be read in conjunction with the Kent and Canterbury Hospitals, the South Kent Hospitals and the Thanet Health Care National Health Service Trusts (Dissolution) Order 19996.