The Lothian University Hospitals National Health Service Trust (Establishment) Amendment Order 1999

Statutory Instruments

1999 No. 1071 (S. 82)

NATIONAL HEALTH SERVICE, SCOTLAND

The Lothian University Hospitals National Health Service Trust (Establishment) Amendment Order 1999

Made

26th March 1999

Coming into force

1st April 1999

The Secretary of State, in exercise of the powers conferred on him by section 12A(1) of and paragraphs 1 and 3(1)(b) of Schedule 7A to the National Health Service (Scotland) Act 1978(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Lothian University Hospitals National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 1st April 1999.

(2) In this Order “the principal Order” means the Lothian University Hospitals National Health Service Trust (Establishment) Order 1998(2).

Amendment of Article 3 of the principal Order

2.  For article 3 of the principal Order there shall be substituted the following:–

“3.— (1) The trust is established for the purposes specified in section 12A(1) of the Act.

(2) The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be–

(a) pending either–

(i) the bringing into operation of the new hospital, other establishments and facilities referred to in sub-paragraph (2)(b) of this Article (the “new facilities”) and the transfer of all the activities of the trust carried out at the relevant hospital, other establishment or facility mentioned in sub-paragraph 2(a) of this Article (the “old facilities”) to the new facilities or otherwise; or

(ii) the cessation of such activities,

and the disposal of the old facilities, to own and manage under section 12A(1)(a) of the Act the hospitals, other establishments or facilities known as, or associated with the Royal Infirmary of Edinburgh, Princess Margaret Rose Orthopaedic Hospital, City Hospital, Edinburgh Dental Institute, Simpson Memorial Maternity Pavilion and Chalmers Hospital, all in Edinburgh, including the management of the teaching and research facilities associated therewith and the support services related thereto; and

(b) to provide and manage under section 12A(1)(b) of the Act a new hospital and other establishments or facilities to replace the Royal Infirmary of Edinburgh and any or all of the other hospitals, establishments or facilities mentioned in sub-paragraph (2)(a) of this Article which new hospital, establishments and facilities may include such facilities as are reasonably required for undergraduate and postgraduate clinical teaching and research, and for the education and training of persons providing or intending to provide services under the Act and, in particular, facilities provided to the University of Edinburgh for these purposes; and

(c) to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities at the Western General Hospital, the Royal Victoria Hospital, the Royal Hospital for Sick Children, the Princess Alexandra Eye Pavilion and Lauriston Building, all in Edinburgh and establishments associated with those hospitals.”.

Sam Galbraith

Minister for Health Scottish Office

St Andrew’s House,

Edinburgh

26th March 1998

Explanatory Note

(This note is not part of the Order)

This Order substitutes a new article 3 in the Lothian University Hospitals National Health Service Trust (Establishment) Order empowering the trust to continue the building of a new hospital to replace the Royal Infirmary of Edinburgh and other hospitals.

(1)

1978 c. 29; section 12A(1) was inserted by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 31; Schedule 7A was inserted by the 1990 Act, Schedule 6; paragraph 1 of Schedule 7A is cited for the definition of “an Order”.

(2)

S.I. 1998/2717.