The Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999

• Citation: S.I. 1999/3472
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st January 2000.

(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 2000;

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

“the trust” means the Worcestershire Community and Mental Health National Health Service Trust established by article 2 of this Order.

Section 2 Establishment and name of the trust

There is hereby established an NHS trust which shall be called the Worcestershire Community and Mental Health 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 to provide, for the purposes of the health service, goods and the following services, namely–

(a) community health services from–

(i) Isaac Maddox House, Shrub Hill Road, Worcester WR4 9RW,

(ii) Kidderminster General Hospital, Bewdley Road, Kidderminster, Worcs DY11 6RJ,

and associated hospitals, establishments or facilities;

(b) hospital accommodation and 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 Operational date and accounting date of the trust

(1) The operational date of the trust shall be 1st April 2000.

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

Section 6 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 7 Assistance by Health Authorities before operational date

(1) The Worcestershire 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 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; 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.