The East Lancashire Hospitals National Health Service Trust (Establishment) and the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust and Burnley Health Care National Health Service Trust (Dissolution) Order 2002

• Citation: S.I. 2002/2073
• Sections: 8

Section 1 Citation, commencement, interpretation, and extent

(1) This Order may be cited as the East Lancashire Hospitals National Health Service Trust (Establishment) and the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust and Burnley Health Care National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st September 2002.

(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 also any service which the Secretary of State has a duty to provide under section 5(1) or (1A) of that Act;

“the dissolution date” means 1st April 2003;

“the establishment date” means the date on which this Order comes into force;

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

“the trust” means the East Lancashire Hospitals National Health Service Trust established by article 2 of this Order.

Section 2 Establishment and name of the trust

There is established a National Health Service trust which shall be called the East Lancashire Hospitals 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 goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from

(a) Blackburn Royal Infirmary, Bolton Road, Blackburn, BB2 3LR,

(b) Burnley General Hospital, Casterton Avenue, Burnley, BB10 2PQ,

(c) Pendle Community Hospital, Leeds Road, Nelson BB9 9TF,

(d) Queen’s Park Hospital, Haslingden Road, Blackburn, BB2 3HH,

(e) Rossendale Hospital, Haslingden Road, Rawtenstall, BB4 6NE, and

(f) at or from any associated hospitals, establishments, and facilities.

Section 4 Directors of the trust

The trust shall have a chairman, 5 executive directors, and 5 non-executive directors.

Section 5 Operational and accounting dates of the trust

(1) The operational date of the trust shall be 1st April 2003.

(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 of doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including—

(a) entering into NHS contracts,

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

(c) doing such things as are reasonably necessary to enable the trust to begin operating satisfactorily.

Section 7 Assistance from Health Authority before operational date

(1) Between the establishment date and the operational date, the Cumbria and Lancashire Health Authority shall meet the costs of the trust performing its functions by discharging the liabilities of the trust incurred during that period as specified in paragraph (2) which do not in aggregate exceed such amount as may be notified by the Authority to the trust.

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

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

(b) liability for the remuneration and travelling or other allowances of the members of committees and sub-committees of the trust who are not also members 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 the operational date.

Section 8 Dissolution of National Health Service trusts

On the dissolution date—

(a) the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust, which was established by the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust (Establishment) Order 1993; and

(b) the Burnley Health Care National Health Service Trust, which was established by the Burnley Health Care National Health Service Trust (Establishment) Order.

are dissolved, and their Establishment Orders are accordingly revoked.