The Birmingham Children’s Hospital National Health Service Trust (Establishment) Order 1994

Statutory Instruments

1994 No. 3182

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Birmingham Children’s Hospital National Health Service Trust (Establishment) Order 1994

Made

12th December 1994

Coming into force

22nd December 1994

The Secretary of State for Health, in exercise of powers conferred on her by section 5(1) of, and paragraphs 1, 3, 4, 5 and 6(2)(d) of Schedule 2 to, the National Health Service and Community Care Act 1990(1) and of all other powers enabling her in that behalf, having directed the relevant Regional Health Authority, as defined in section 5(4) of that Act, to consult the persons or bodies referred to in section 5(2) of that Act and having received and considered the results of that consultation, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Birmingham Children’s Hospital National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 1994.

(2) In this Order, unless the context otherwise requires—

“the Act” means the National Health Service and Community Care Act 1990;

“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act(2);

“establishment date” means 22nd December 1994;

“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;

“the trust” means the Birmingham Children’s Hospital National Health Service Trust established by article 2 of this Order.

Establishment of the trust

2.  There is hereby established an NHS trust which shall be called the Birmingham Children’s Hospital National Health Service Trust.

Nature and functions of the trust

3.—(1) The trust is established for the purpose specified in section 5(1)(a) 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 authorities) shall be—

(a) to own and manage hospital accommodation and services provided at The Birmingham Children’s Hospital, Ladywood Middleway, Ladywood, Birmingham B16 8ET and associated hospitals (including the management of its teaching and research facilities);

(b) to manage community health services provided from The Springfields Centre, Raddlebarn Road, Selly Oak, Birmingham B29 6JB and to own the associated premises.

Directors of the trust

4.—(1) The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.

(2) Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Birmingham.

Operational date and accounting date of trust

5.—(1) The operational date of the trust shall be 1st April 1995.

(2) The accounting date of the trust shall be 31st March.

Limited functions before operational date

6.  Between its establishment date and its operational date the trust shall have the functions—

(a) of entering into NHS contracts;

(b) of entering into other contracts, including contracts of employment; and

(c) of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.

Assistance by health authorities before operational date

7.—(1) The South Birmingham Health Authority shall—

(a) until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;

(b) make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.

(2) The South Birmingham Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.

(3) The liabilities referred to in the preceding paragraph 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;

(c) liability for the remuneration of persons employed by the trust; and

(d) any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.

(4) The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Birmingham Health Authority.

Restriction on disposal of assets

8.  The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.

Signed by authority of the Secretary of State for Health

Tom Sackville

Parliamentary Under Secretary of State,

Department of Health

12th December 1994

Explanatory Note

(This note is not part of the Order)

This Order establishes the Birmingham Children’s Hospital National Health Service Trust, an NHS trust provided for in section 5 of the National Health Service and Community Care Act 1990. It also provides for the functions of the trust both before (article 6) and after (article 3) its operational date (the date on which it assumes all its functions). It specifies the operational date and the accounting date of the trust (article 5) and makes provision for assistance to the trust by health authorities before its operational date (article 7). It specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the asset (article 8).

(1)

1990 c. 19; paragraph 1 of Schedule 2 is cited for the definition of “an order”.

(2)

1977 c. 49; section 5(1) was amended by, and section 5(1A) and (1B) were inserted by, the Health and Medicines Act 1988 (c. 49), section 10(1); Schedule 1 was amended by the Education Act 1980 (c. 20), Schedule 1 and the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 7.