The Cardiff and Vale National Health Service Trust Establishment Order 1999

• Citation: S.I. 1999/3451 (W.)
• Sections: 7

Section 1 Citation, commencement and interpretation

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

(2) In this Order —

“ the Act ” means the National Health Service and Community Care Act 1990 (“ y Ddeddf ”) ;

“establishment date” means 1st January 2000 (“dyddiad sefydlu”) ;

“operational date” means the date on which the trust is to begin to undertake the whole of the functions conferred on it. (“dyddiad gweithredol”) ;

“the trust” means the Cardiff and Vale National Health Service Trust established by article 2 of this Order (“yr ymddiriedolaeth”) .

Section 2 Establishment of the trust

There is hereby established an NHS Trust which shall be called Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Caerdydd a'r Fro or Cardiff and Vale 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 for the purposes of the health service from the hospitals specified in paragraph (3) or from associated hospitals and premises.

(3) The hospitals specified for the purposes of paragraph (2) are —

(i) University Hospital of Wales, Heath Park, Cardiff, CF14 4WZ;

(ii) Llandough Hospital, Llandough, Penarth, CF64 2XX;

(iii) Whitchurch Hospital, Park Road, Cardiff, CF14 7XB;

(iv) Royal Hamadryad Hospital, Hunter Street, Cardiff Bay, Cardiff, CF10 5UQ; and

(v) Dental Hospital and School, Heath Park, Cardiff, CF14 4XW.

Section 4 Directors of the trust

(1) The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.

(2) Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Wales.

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 its establishment date and its 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 other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.

Section 7 Assistance by health authorities before operational date

(1) Bro Taf Health Authority shall —

(a) until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;

(b) make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.

(2) Bro Taf Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.

(3) 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 the operational date.