2001 No. 4120
The 5 Boroughs Partnership National Health Service Trust (Establishment) and the Warrington Community Health Care National Health Service Trust (Dissolution) Order 2001
Made
Coming into force
except for article 8
article 8
The Secretary of State for Health, in exercise of the powers conferred upon him by section 126(3) of the National Health Service Act 19771 and by section 5(1) of, and paragraphs 1, 3, 4, 5 and 29(1) of Schedule 2 to, the National Health Service and Community Care Act 19902 and of all other powers enabling him in that behalf, considering it appropriate in the interests of the health service to dissolve the Warrington Community Health Care National Health Service Trust3, and having completed the consultation prescribed under section 5(2) of and paragraph 29(3) of Schedule 2 to that Act4, hereby makes the following Order:
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;
“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 Act5;
“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
The Warrington Community Health Care National Health Service Trust established by the Warrington Community Health Care National Health Service Trust (Establishment) Order 19926 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
(This note is not part of the Order)