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National Health Service and Community Care Act 1990

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Changes over time for: Part I

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Version Superseded: 01/03/2007

Status:

Point in time view as at 10/10/2002.

Changes to legislation:

National Health Service and Community Care Act 1990, Part I is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Part IE+W Orders Under Section 5(1)

1(1)Any reference in this Part of this Schedule to an order is a reference to an order under section 5(1) of this Act establishing an NHS trust or any subsequent order under that provision amending or revoking a previous order.

(2)An order shall be made by statutory instrument.

2The provisions made by an order shall be in conformity with any general provision made by regulations under section 5(7) of this Act.

3(1)Without prejudice to any amendment made by a subsequent order, the first order to be made in relation to any NHS trust shall specify—

(a)the name of the trust;

(b)the functions of the trust;

(c)the number of executive directors and non-executive directors;

(d)where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the non-executive directors referred to in paragraph (c) above of a person appointed from a university with a medical or dental school specified in the order;

(e)the operational date of the trust, that is to say, the date on which the trust is to begin to undertake the whole of the functions conferred on it; and

(f)if a scheme is to be made under section 6 of this Act, the [F1Health Authority or Special Health Authority which are], [F2or the Primary Care Trust which is] to make the scheme.

(2)For the purposes of sub-paragraph (1)(d) above, an NHS trust is to be regarded as having a significant teaching commitment in the following cases—

(a)if the trust is established to [F3provide services at] a hospital or other establishment or facility which, in the opinion of the Secretary of State, has a significant teaching and research commitment; and

(b)in any other case, if the Secretary of State so provides in the order.

(3)In a case where the order contains a provision made by virtue of sub-paragraph (1)(d) above and a person who is being considered for appointment by virtue of that provision—

(a)is employed by the university in question, and

(b)would also, apart from this sub-paragraph, be regarded as employed by the trust,

his employment by the trust shall be disregarded in determining whether, if appointed, he will be a non-executive director of the trust.

(4)An order shall specify the accounting date of the trust.

Textual Amendments

F1Words in Sch. 2 para. 3(1)(f) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 85(a) (with Sch. 2 paras. 6, 16)

F2Words in Sch. 2 para. 3(1)(f) inserted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 paras. 74, 83(2); S.I. 1999/2342, art. 2(3)(a), Sch. 2

4(1)An order may require a [F4Strategic Health Authority,][F5Health Authority, [F6Special Health Authority [F7, Primary Care Trust or Local Health Board]]] to make staff, premises and other facilities available to an NHS trust pending the transfer or appointment of staff to or by the trust and the transfer of premises or other facilities to the trust.

(2)An order making provision under this paragraph may make provision with respect to the time when the [F8functions of the [F4Strategic Health Authority,]Health Authority, [F6Special Health Authority [F7, Primary Care Trust or Local Health Board]]] under the provision are to come to an end.

Textual Amendments

F4Words in Sch. 2 para. 4(1)(2) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 46(a); S.I. 2002/2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)

F5Words in Sch. 2 para. 4(1) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 85(b)(i) (with Sch. 2 paras. 6, 16)

F6Words in Sch. 2 para. 4 substituted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 paras. 74, 83(1)(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F7Words in Sch. 2 para. 4 substituted (10.10.2002 for W. and otherwise in force immediately before the National Health Service Act 2006 (c. 41) (which Act came into force on 1.3.2007 in accordance with s. 227(1) (subject to s. 277(2)-(5) of that Act))) by 2002 c. 17, s. 6(2), Sch. 5 para. 36(1)(2); S.I. 2002/2532, art. 2, Sch; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 {para. 12(c)}

F8Words in Sch. 2 para. 4(2) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 85(b)(ii) (with Sch. 2 paras. 6, 16)

5(1)An order may provide for the establishment of an NHS trust with effect from a date earlier than the operational date of the trust and, during the period between that earlier date and the operational date, the trust shall have such limited functions for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date as may be specified in the order.

(2)If an order makes the provision referred to in sub-paragraph (1) above, then, at any time during the period referred to in that sub-paragraph, the NHS trust shall be regarded as properly constituted (and may carry out its limited functions accordingly) notwithstanding that, at that time, all or any of the executive directors have not yet been appointed.

(3)If an order makes the provision referred to in sub-paragraph (1) above, the order may require a [F9Strategic Health Authority,][F10Health Authority or Special Health Authority] to discharge such liabilities of the NHS trust as—

(a)may be incurred during the period referred to in that sub-paragraph; and

(b)are of a description specified in the order.

Textual Amendments

F9Words in Sch. 2 para. 5(3) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 46(a); S.I. 2002/2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)

F10Words in Sch. 2 para. 5(3) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 85(c) (with Sch. 2 paras. 6, 16)

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