The 5 Boroughs Partnership National Health Service Trust (Establishment) and the Warrington Community Health Care National Health Service Trust (Dissolution) Order 2001
Citation, commencement and interpretation1.
(1)
This Order may be cited as the 5 Boroughs Partnership National Health Service Trust (Establishment) and the Warrington Community Health Care National Health Service Trust (Dissolution) Order 2001 and, subject to paragraph (2), shall come into force on 1st January 2002.
(2)
Article 8 shall come into force on 1st April 2002.
(3)
In this Order, unless the context otherwise requires—
“the Act” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st January 2002;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the 5 Boroughs Partnership National Health Service Trust established by article 2 of this Order.
Establishment and name of trust2.
There is hereby established an NHS trust which shall be called the 5 Boroughs Partnership 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 goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from Trust Headquarters, Hollins House, Hollins Park, Hollins Lane, Winwick, Warrington, WA2 8WA and at or from any associated hospitals, establishments and facilities.
Directors of 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 shall be 1st April 2002.
(2)
The accounting date of the trust shall be 31st March.
Limited functions before operational date6.
Between the establishment date and the operational date the trust shall have the functions of doing such other things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including—
(a)
of entering into NHS contracts;
(b)
of entering into other contracts including contracts of employment.
Assistance by Health Authorities before operational date7.
The North Cheshire Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date which are reasonably incurred by the trust for the purpose of enabling it to begin to carry out its functions with effect from the operational date, including—
(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.
Dissolution of NHS trust8.
Signed by authority of the Secretary of State for Health
This Order establishes the 5 Boroughs Partnership National Health Service Trust as an NHS trust, provided for in section 5 of the National Health Service and Community Care Act 1990.
This Order also dissolves on 1st April 2002 the Warrington Community Health Care National Health Service Trust.
The new trust will provide certain services previously provided by the Warrington Community Health Care National Health Service Trust which is dissolved by this Order.
The Order 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). It also specifies the trust’s liabilities which will be discharged by the North Cheshire Health Authority if incurred between the establishment date and the operational date (article 7).
This Order does not impose a charge on businesses.