National Health Service and Community Care Act 1990

5 NHS trusts. E+W

(1) Subject to subsection (2) F1 . . . below the Secretary of State may by order establish bodies, to be known as National Health Service trusts (in this Act referred to as NHS trusts), [F2 to provide goods and services for the purposes of the health service].

[F3 (2) No order shall be made under subsection (1) above until after the completion of such consultation as may be prescribed.]

(5) Every NHS trust—

(a) shall be a body corporate having a board of directors consisting of a chairman appointed by the Secretary of State and, subject to paragraph 5(2) of Schedule 2 to this Act, executive and non-executive directors (that is to say, directors who, subject to subsection (7) below, respectively are and are not employees of the trust); and

(b) shall have the functions conferred on it by an order under subsection (1) above and by Schedule 2 to this Act.

[F4 (6) The functions which may be specified in an order under subsection (1) above include a duty to provide goods or services so specified at or from a hospital or other establishment or facility so specified.]

[F5 (6A) The functions of an NHS trust also include power to provide services in accordance with arrangements made under section 28C of the principal Act, and to do so as a member of a qualifying body (within the meaning of section 28D of that Act).]

(7) The Secretary of State may by regulations make general provision with respect to—

(a) the qualifications for and the tenure of office of the chairman and directors of an NHS trust (including the circumstances in which they shall cease to hold, or may be removed from, office or may be suspended from performing the functions of the office);

(b) the persons by whom the directors and any of the officers are to be appointed and the manner of their appointment;

(c) the maximum and minimum numbers of the directors;

(d) the circumstances in which a person who is not an employee of the trust is nevertheless, on appointment as a director, to be regarded as an executive rather than a non-executive director;

(e) the proceedings of the trust (including the validation of proceedings in the event of a vacancy or defect in appointment); and

(f) the appointment, constitution and exercise of functions by committees and sub-committees of the trust (whether or not consisting of or including any members of the board)

[F6 and, without prejudice to the generality of the power, any such regulations, may make provision to deal with cases where the post of any officer of an NHS trust is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.]

(8) Part I of Schedule 2 to this Act shall have effect with respect to orders under subsection (1) above; Part II of that Schedule shall have effect, subject to subsection (9) below, with respect to the general duties and the powers and status of NHS trusts; the supplementary provisions of Part III of that Schedule shall have effect; and Part IV of that Schedule shall have effect with respect to the dissolution of NHS trusts.

[F7 (9) A power conferred by paragraph 14 or 15 of Part II of Schedule 2 to this Act may only be exercised—

(a) to the extent that its exercise does not to any significant extent interfere with the performance by the NHS trust of its functions or of its obligations under NHS contracts, and

(b) in circumstances specified in directions under section 17 of the principal Act, with the consent of the Secretary of State.]

(10) The Secretary of State may by order made by statutory instrument confer on NHS trusts specific powers additional to those contained in paragraphs 10 to 15 of Schedule 2 to this Act.

Textual Amendments

F1 Words in s. 5(1) repealed (1.4.2000) by 1999 c. 8, ss. 65, Sch. 5; S.I. 2000/1041, art. 2, Sch.

F2 Words in s. 5(1) substituted (retrospectively) for s. 5(1)(a)(b) by 1999 c. 8, s. 13(1)(10); S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F3 S. 5(2) substituted (1.4.1996 subject to s. 8 of the amending Act) for s. 5(2)-(4) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 69(b) (with Sch. 2 paras. 6, 16)

F4 S. 5(6) substituted (retrospectively) by 1999 c. 8, s. 13(1)(10); S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F5 S. 5(6A) inserted (1.4.2004 for E. for specified purposes and otherwise 1.12.2005 for E. and 1.12.2005 for W. for specified purposes and otherwise to the extent not already 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 1997 c. 46, s. 41, Sch. 2 para. 65(2); S.I. 2004/287, arts. 1(2), 2(2)(b); S.I. 2005/2926, arts. 1(2)(3), 2(b), 3(c); S.I. 2006/1407, arts. 1(1)(2), 2, Sch. 1 Pt. 2 para. 3

F6 S. 5(7): the words from “and, without prejudice” onwards follow (rather than form part of) paragraph (f) (1.4.1996 subject to s. 8 of the amending Act) by virtue of 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 69(d) (with Sch. 2 paras. 6, 16)

F7 S. 5(9) substituted (1.10.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 14; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 5(1) extended (11.5.2001 for specified purposes, 19.12.2001 for E. for all purposes 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 2001 c. 15, ss. 45(5), 70 (with ss. 64(9), 65(4)); S.I. 2001/4149, art. 2(a); S.I. 2006/1407, Sch. 1 Pt. 2 para. 8(a). The amendment was superseded by the repeal of s. 5 on 1.3.2007 by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4