2000 No. 285
NATIONAL HEALTH SERVICE, ENGLAND
The Tendring Primary Care Trust (Establishment) Order 2000
Made 7th February 2000
Coming into force 17th February 2000

The Secretary of State for Health, in the exercise of the powers conferred on him by sections 16A(1), (2) and (3) and 126(4) of, and paragraphs 1 and 2 of Schedule 5A to, the National Health Service Act 1977 and of all other powers enabling him in that behalf, following compliance with the consultation requirements contained in regulations made under section 16A(5) of the Act, hereby makes the following Order:
1977 c. 49; section 16A was inserted by the Health Act 1999 (c. 8) (“the 1999 Act”), section 2(1); section 126(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2) and by the 1999 Act, Schedule 4, paragraph 37(6); Schedule 5A was inserted by the 1999 Act, Schedule 1. The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.
SeeS.I. 1999/2337.

1 Citation, commencement and interpretation
1 This Order may be cited as the Tendring Primary Care Trust (Establishment) Order 2000 and shall come into force on 17th February 2000.
2 In this Order, unless the context otherwise requires—
“the Act” means the National Health Service Act 1977;
“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 Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Tendring Primary Care Trust established by article 2 of this Order.
Section 5(1) was amended by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), Schedule 3; section 5(1A) and (1B) was inserted by the 1988 Act, section 10(1); Schedule 1 was amended by the 1988 Act, Schedule 2, paragraph 7 and the Education Act 1996 (c. 56), Schedule 37, paragraph 46.
S.I. 2000/89.

2 Establishment and name of the Primary Care Trust
There is hereby established a Primary Care Trust which is to be called the Tendring Primary Care Trust.

3 Area of the trust
The trust shall be established for the area specified in the Schedule to this Order.

4 Members of the trust
1 The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2 The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3 The officer members shall comprise—
(a) the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
(b) the person who for the time being holds the post of chairman of the Executive Committee of the trust;
(c) 2 persons appointed by the chairman following nomination by the Executive Committee of the trust.
See regulation 2(4) to (11) of the Membership Regulations.

5 Operational date of the trust
The trust’s operational date shall be 1st April 2000.

6 Limitations on the exercise of functions by the trust during the preparatory period
During the preparatory period the exercise of functions by the trust shall be limited to the following—
(a) entering into NHS contracts;
(b) entering into other contracts including contracts of employment; and
(c) doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.

7 Assistance during the preparatory period
1 The North Essex Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust as may be incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2 The liabilities referred to in the preceding paragraph are—
(a) liability for the remuneration and travelling or other allowances of the chairman and members 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 members of the trust;
(c) liability for the remuneration of officers of 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.
3 The North Essex Health Authority shall make available to the trust during the preparatory period—
(a) premises and other facilities of the authority; and
(b) officers of the authority.
4 The Essex Rivers Healthcare National Health Service Trust shall make available to the trust during the preparatory period—
(a) premises and other facilities of the NHS trust; and
(b) staff of the NHS trust.

8 Exercise of functions
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Section 17A was inserted by section 12 of the Health Act 1999.
Signed by authority of the Secretary of State for Health
John Denham Minister of State, Department of Health 7th February 2000

SCHEDULE AREA OF TRUST
Article 3
In the District of Tendring—
the electoral wards of Alfresford, Thorrington and Frating, Beaumont and Thorpe, Bockings Elm, Bradfield, Wrabness and Wix, Brightlingsea East, Brightlingsea West, Elmstead, Frinton, Golf Green, Great and Little Oakley, Great Bentley, Great Bromley, Little Bromley and Little Bentley, Harwich East, Harwich East Central, Harwich West, Harwich West Central, Haven, Holland and Kirby, Lawford and Manningtree, Little Clacton, Mistley, Ramsey, Rush Green, St. Bartholomews, St. James, St. Johns, St. Mary's, St. Osyth, Southcliff, Tendring and Weeley, Walton, Shipping.

(This note is not part of the Order)
This Order establishes the Tendring Primary Care Trust (“the trust”), as provided for under section 16A of the National Health Service Act 1977. It specifies the area for which the trust is established (article 3), its operational date (article 5) and limitations on the exercise of its functions during its preparatory period (article 6). It makes provision for the membership of the trust (article 4) and for assistance to the trust during its preparatory period (article 7). It also contains a restriction on the exercise of functions by the trust (article 8).