2006 No. 786
NATIONAL HEALTH SERVICE, ENGLAND

The Sussex Partnership National Health Service Trust (Establishment) and the East Sussex County Healthcare National Health Service Trust and the West Sussex Health and Social Care National Health Service Trust (Dissolution) Order 2006

Made
Coming into force
The Secretary of State for Health makes the following Order in exercise of the powers conferred upon her by section 126(3) of the National Health Service Act 19771 and by section 5(1) of, and paragraphs 3 and 29(1) of Schedule 2 to, the National Health Service and Community Care Act 19902.
The Secretary of State for Health considers it appropriate in the interests of the health service to dissolve the East Sussex County Healthcare National Health Service Trust3 and the West Sussex Health and Social Care National Health Service Trust4, having completed the consultation prescribed under section 5(2) of, and paragraph 29(3) of Schedule 2 to, the National Health Service and Community Care Act 19905.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Sussex Partnership National Health Service Trust (Establishment) and the East Sussex County Healthcare National Health Service Trust and the West Sussex Health and Social Care National Health Service Trust (Dissolution) Order 2006 and shall come into force on 1st April 2006.

(2)

In this Order—

“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 she has a duty to provide under section 5(1) of that Act6;

“dissolution date” means the date this Order comes into force;

“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and

“the trust” means the Sussex Partnership National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust2.

There is established a National Health Service trust which shall be called the Sussex 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.

Directors of the trust4.

The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.

Operational date and accounting date of the trust5.

(1)

The operational date of the trust shall be 1st April 2006.

(2)

The accounting date of the trust shall be 31st March.

Dissolution of NHS trusts and revocation of orders6.

On the dissolution date—

(a)

the East Sussex County Healthcare National Health Service Trust, which was established by the Eastbourne and County Healthcare National Health Service Trust (Establishment) Order 19927; and

(b)

the West Sussex Health and Social Care National Health Service Trust, which was established by the West Sussex Health and Social Care National Health Service Trust (Establishment) and the Worthing Priority National Health Service Trust and Sussex Weald and Downs National Health Service Trust (Dissolution) Order 20028,
are dissolved, and accordingly their Establishment Orders and the Eastbourne and County National Health Service Trust Change of Name and (Establishment) Amendment Order (No.2) 20029 are revoked.

Signed by authority of the Secretary of State for Health

Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
(This note is not part of the Order)

This Order establishes the Sussex Partnership National Health Service Trust as a National Health Service trust under the terms set out in section 5 of the National Health Service and Community Care Act 1990.

The Order sets out the functions of the trust (article 3), the number of executive and non-executive directors of the trust (article 4), the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5).

This Order also dissolves the East Sussex County Healthcare National Health Service Trust and the West Sussex Health and Social Care National Health Service Trust and revokes their Establishment Orders and the Establishment Amendment Order relating to East Sussex County Healthcare NHS Trust.