The Witham, Braintree and Halstead Care Trust (Establishment) Order 2002

• Citation: S.I. 2002/2233
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Witham, Braintree and Halstead Care Trust (Establishment) Order 2002 and shall come into force on 1 September 2002.

(2) In this Order—

“ the Act ” means the National Health Service Act 1977;

“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;

“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;

“the Authority” means the Essex Health Authority;

“the trust” means the Witham, Braintree and Halstead Care Trust established by article 2 of this Order.

Section 2 Establishment, designation, and operational date of the Primary Care Trust

(1) There is established a Primary Care Trust to be called the Witham, Braintree and Halstead Primary Care Trust.

(2) The trust shall be designated as a Care Trust pursuant to section 45(5) of the Health and Social Care Act 2001.

(3) The operational date of the trust shall be 1 October 2002.

Section 3 Area of the trust

The trust shall be established for the area specified in the Schedule to this Order.

Section 4 Limitations on the exercise of functions by the trust during the preparatory period

During the preparatory period the exercise of functions by the trust shall be limited to 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 National Health Service contracts; and

(b) entering into other contracts including contracts of employment.

Section 5 Assistance during the preparatory period

(1) The Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including—

(a) liability for the remuneration and travelling or other allowances of the chairman and members 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 members of the trust;

(c) liability for the remuneration of officers of the trust.

(2) The Authority shall make available to the trust during the preparatory period—

(a) premises and other facilities of the Authority; and

(b) officers of the Authority.