http://www.legislation.gov.uk/uksi/2001/175/madeThe Eastern Leicester Primary Care Trust (Establishment) Order 2001National Health Service (NHS)NHS managementHealth care services and specialismsPrimary health careCommunity health servicesKing's Printer of Acts of Parliament2017-06-06NATIONAL HEALTH SERVICE, ENGLANDThis Order establishes the Eastern Leicester 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 and the Schedule) and makes provision for the membership of the trust (article 4). It specifies the trust’s operational date (article 5); limitations on the exercise of its functions during its preparatory period (article 6) and makes provision for assistance to the trust during that period (article 7).The Eastern Leicester Primary Care Trust (Establishment) Order 2001art. 1(2)The Primary Care Trusts (Establishment) Amendment Order 2002art. 2(2)(a)Sch.art. 1The Eastern Leicester Primary Care Trust (Establishment) Order 2001art. 1(2)The Primary Care Trusts (Establishment) Amendment Order 2002art. 2(2)(b)Sch.art. 1The Eastern Leicester Primary Care Trust (Establishment) Order 2001art. 4The Primary Care Trusts (Establishment) Amendment Order 2002art. 2(3)Sch.art. 1The Eastern Leicester Primary Care Trust (Establishment) Order 2001The Primary Care Trusts (Establishment and Dissolution) (England) Order 2006art 20sch 4Statutory Instruments2001 No. 175NATIONAL HEALTH SERVICE, ENGLANDThe Eastern Leicester Primary Care Trust (Establishment) Order 2001Made23rd January 2001Coming into force2nd February 2001

The Secretary of State for Health, in 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

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.

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

See S.I. 1999/2337.

, hereby makes the following Order:

Citation, commencement and interpretation1.(1)

This Order may be cited as the Eastern Leicester Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd February 2001.

(2)

In this Order, unless the context otherwise requires—

“the Act” means the National Health Service Act 1977;

“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

S.I. 2000/89.

;

“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 Eastern Leicester Primary Care Trust established by article 2 of this Order.

Establishment and name of the Primary Care Trust2.

There is hereby established a Primary Care Trust which is to be called the Eastern Leicester Primary Care Trust.

Area of the trust3.

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

Members of the trust4.(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

See regulation 2(4) to (11) of the Membership Regulations.

shall comprise—

(a)

the persons who for the time being hold the offices of the 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 of the trust following nomination by the Executive Committee of the trust.

Operational date of the trust5.

The trust’s operational date shall be 1st April 2001.

Limitations on the exercise of functions by the trust during the preparatory period6.

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.

Assistance during the preparatory period7.(1)

The Leicestershire 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 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 Leicestershire 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 Leicestershire and Rutland 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.

Signed by authority of the Secretary of State

Yvette CooperParliamentary Under Secretary of State for Public Health,Department of Health23rd January 2001SCHEDULE

Article 3

AREA OF TRUST

In the city of Leicester—

the electoral wards of Abbey, Belgrave, Castle, Charnwood, Coleman, Crown Hills, East Knighton, Evington, Humberstone, Latimer, Rushey Mead, Spinney Hill, Stoneygate, Thurncourt, West Humberstone, West Knighton, Wycliffe.

(This note is not part of the Order)

This Order establishes the Eastern Leicester 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 and the Schedule) and makes provision for the membership of the trust (article 4). It specifies the trust’s operational date (article 5); limitations on the exercise of its functions during its preparatory period (article 6) and makes provision for assistance to the trust during that period (article 7).