The West Lothian Healthcare National Health Service Trust (Establishment) Amendment Order 1999

Scottish Statutory Instruments

1999 No. 91

NATIONAL HEALTH SERVICE

The West Lothian Healthcare National Health Service Trust(Establishment) Amendment Order 1999

Made

29th September 1999

Coming into force

1st October 1999

The Scottish Ministers, in exercise of the powers conferred on them bysection 12A(1) and (4) of, and paragraphs 1 and 3(1)(b) and (c) of Schedule7A to, the National Health Service (Scotland) Act 1978(1) andof all other powers enabling them in that behalf, hereby make the followingOrder:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the West Lothian Healthcare National HealthService Trust (Establishment) Amendment Order 1999 and shall come intoforce on 1st October 1999.

• In this Order–

• “the principal Order” means the West Lothian Healthcare NationalHealth Service Trust (Establishment) Order 1998(2);

• “the trust’s area of responsibility” means that part of LothianHealth Board’s area which lies within the West Lothian local governmentarea as defined in Part I of Schedule 1 to the Local Government etc.(Scotland) Act 1994(3).

Amendment of the principal Order

2.—(1) For article 3 of the principal Order there is substituted–

“Nature and functions of the trust

3.— (1) The trust is established for the purpose specified in section 12A(1) ofthe Act.

(2) The trust’s functions shall be–

(a) to provide goods and services for the purpose of the Health Service at,from or through hospital accommodation and facilities at St John'sHospital, Livingston, and at establishments associated with that hospital,and also including the management of any teaching and research facilitiesassociated with those establishments and the support services relatedthereto;

(b) insofar as not included in paragraph (a) above, to make arrangementsfor the provision of services mentioned in Part II of the Act in respect ofthe trust’s area of responsibility; and

(c) to carry out the primary and community health care functions of LothianHealth Board under the following Regulations–

(i) The National Health Service (Dental Charges) (Scotland) Regulations1989(4);

(ii) The National Health Service (Optical Charges and Payments) (Scotland)Regulations 1998(5);

(iii) The National Health Service (Charges for Drugs and Appliances)(Scotland) Regulations 1989(6);

(iv) The National Health Service (Travelling Expenses and Remission ofCharges) (Scotland) Regulations 1988(7).”.

(2) In article 4 of the principal Order (directors of the trust) for thewords “non executive directors” there is substituted “trustees”.

IAIN GRAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th September 1999

Explanatory Note

(This note is not part of the Order)

This Order amends the West Lothian Healthcare National Health ServiceTrust (Establishment) Order 1998 (S.I. 1998/2731) to substitute a newarticle 3 relating to the nature and functions of the trust and to amendarticle 4 to substitute a reference to “trustees” for the reference to“non executive directors”

(1)

1978 c. 29; section 12A(1) and (4) was inserted by theNational Health Service and Community Care Act 1990 (c. 19) (“the 1990Act”), section 31 and amended by the Health Act 1999 (c. 8) (“the 1999Act”), section 46; Schedule 7A was inserted by the 1990 Act, Schedule 6and was amended by the 1999 Act, Schedule 4, paragraph 62. The functions ofthe Secretary of State were transferred to the Scottish Ministers by virtueof section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1998/2731.

(3)

1994 c. 39.

(4)

S.I. 1989/363, to which there are amendments not relevantto this Order.

(5)

S.I. 1998/642, to which there are amendments not relevantto this Order.

(6)

S.I. 1989/326, to which there are amendments not relevantto this Order.

(7)

S.I. 1988/546, to which there are amendments not relevantto this Order