The Leicestershire and Rutland Healthcare National Health Service Trust (Establishment) Order 1998

• Citation: S.I. 1998/3069
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Leicestershire and Rutland Healthcare National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st January 1999.

(2) 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 Act ;

“establishment date” means 1st January 1999;

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

“the trust” means the Leicestershire and Rutland Healthcare National Health Service Trust established by article 2 of this Order.

Section 2 Establishment of the trust

There is hereby established on NHS trust which shall be called the Leicestershire and Rutland Healthcare National Health Service Trust.

Section 3 Nature and functions of the trust

(1) The trust is established for the purposes specified in section 5(1) of the Act.

(2) The trust’s functions shall be:–

(a) to own and manage pursuant to section 5(1)(a) of the Act Glenfield Hospital Psychiatric Department, Groby Road, Leicester LE3 9QP; Leicester General Hospital, Psychiatric Department, Gwendolen Road, Leicester LE5 4PW and other hospitals and associated premises (including teaching and research facilities), and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services; and

(b) to provide and manage pursuant to section 5(1)(b) of the Act hospitals or other establishments or facilities in the area of Leicestershire Health Authority, and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.

Section 4 Directors of the trust

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

Section 5 Significant teaching commitment

(1) The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.

(2) One of the non-executive directors of the trust shall be appointed from the University of Leicester.

Section 6 Operational date and accounting date of the trust

(1) The operational date of the trust shall be 1st April 1999.

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

Section 7 Limited functions before operational date

Between the establishment date and the operational date the trust shall have the functions–

(a) of entering into NHS contracts;

(b) of entering into other contracts including contracts of employment; and

(c) of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.

Section 8 Assistance by Health Authorities before operational date

(1) The Leicestershire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.

(2) The liabilities referred to in the preceding paragraph are–

(a) liability for the remuneration and travelling and other allowances of the chairman and non-executive directors of the trust;

(b) liability for the travelling and 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; 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.

Section 9 Restriction on disposal of assets

The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.