The Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013

• Citation: S.I. 2013/531
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013 and comes into force on 22nd March 2013.

(2) In this Order—

“ the Act ” means the National Health Service Act 2006;

“community health services” means any services—

whose provision must be arranged by a clinical commissioning group under section 3(1)(d) or (e) of the Act ;

which are of a kind mentioned in section 3(1)(d) or (e) of the Act, but—

whose provision must be arranged by the Board under regulations made under section 3B of the Act ; or

which may be provided by the Secretary of State or a local authority under section 2B of the Act ;

which a local authority must provide under paragraph 1 of Schedule 1 to the Act ;

which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the Act ; or

which the Secretary of State must provide under paragraph 8 of Schedule 1 to the Act;

“establishment date” means 22nd March 2013;

“operational date” has the meaning assigned to it in paragraph 5(5) of Schedule 4 to the Act;

“the trust” means the National Health Service trust established by article 2.

Section 2 Establishment and name of the trust

There is established a National Health Service trust which is called the Gloucestershire Care Services National Health Service Trust.

Section 3 Nature and functions of the trust

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.

Section 4 Directors of the trust

(1) The trust shall have, in addition to the chair, 4 executive directors and 4 non-executive directors.

(2) If the Secretary of State suspends the chair, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.

Section 5 Operational date and accounting date of the trust

(1) The operational date of the trust shall be 1st April 2013.

(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 has 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 Strategic Health Authority before operational date

(1) The South West Strategic Health Authority must 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).

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

(a) liability for the remuneration and travelling or other allowances of the chair 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.