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1.—(1) This Order may be cited as the Western Health and Social Services Trust (Establishment) Order (Northern Ireland) 2006 and shall come into operation on 1st August 2006.
(2) In this Order—
“the Order” means the Health and Personal Social Services (Northern Ireland) Order 1991;
“establishment date” means 1st August 2006;
“operational date” has the meaning assigned to it by paragraph 3(1)(e) of Schedule 3 to the Order;
“relevant functions” has the meaning assigned to it by Article 3(2) of the Health and Personal Social Services (Northern Ireland) Order 1994(1); and
“the trust” means the Western Health and Social Services Trust established by Article 2.
2. There is established an HSS trust which shall be called the Western Health and Social Services Trust.
3.—(1) The trust is established for the purposes specified in Article 10(1) of the Order.
(2) The trust’s functions (which include functions which the Department considers appropriate in relation to the provision of services by the trust for one or more relevant bodies) shall be—
(a)to provide hospital accommodation and services at Altnagelvin Area Hospital, Glenshane Road, Londonderry BT47 1SB, Erne Hospital, Cornagrade Road, Enniskillen, Co Fermanagh BT74 6AY, Gransha Hospital, Clooney Road, Londonderry BT47 1TF, Stradreagh Hospital, Clooney Road, Londonderry BT47 1TF, Tyrone County Hospital, Hospital Road, Omagh, Co Tyrone BT79 0AP, Tyrone and Fermanagh Hospital, 1 Donaghanie Road, Omagh, Co Tyrone BT79 0NS, Waterside Hospital, 16 Gransha Park, Londonderry BT47 1WH and associated premises;
(b)to provide community based health and personal social services from the trust headquarters and associated premises; and
(c)to exercise, on behalf of Health and Social Services Boards, such relevant functions as are so exercisable by the trust by virtue of authorisations for the time being in operation under Article 3(1) of the Health and Social Services (Northern Ireland) Order 1994.
4. The operational area of the trust shall be—
(a)for the purposes of the statutory provisions specified in Part I of the Schedule, the local government districts of Derry, Limavady, Strabane, Omagh and Fermanagh;
(b)for the purposes of the statutory provisions specified in Part II of the Schedule, Northern Ireland.
5. The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
6. The operational date of the trust shall be 1st April 2007.
7. Between its establishment date and operational date, the trust shall have the functions of doing such things as are reasonably necessary for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date including—
(a)of entering into HSS contracts; and
(b)of entering into other contracts including contracts of employment.
8.—(1) The Agency shall discharge the liabilities of the trust, reasonably incurred between the establishment date and the operational date, that are of a description specified in paragraph (2).
(2) The liabilities referred to in paragraph (1) 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; and
(c)liability for the remuneration of persons employed by the trust.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 22nd June2006
L.S.
Denis McMahon
A senior officer of the
Department of Health, Social Services and Public Safety
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