The Fosse Health, Leicestershire Community National Health Service Trust (Establishment) Order 1994

Statutory Instruments

1994 No. 3185

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Fosse Health, Leicestershire Community National Health Service Trust (Establishment) Order 1994

Made

12th December 1994

Coming into force

1st April 1995

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 Fosse Health, Leicestershire Community National Health Service Trust (Establishment) Order 1994 and shall come into force on 1st April 1995.

(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);

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

“the trust” means the Fosse Health, Leicestershire Community 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 Fosse Health, Leicestershire Community 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 Loughborough Hospital, Hospital Way, Loughborough, Leicestershire LE11 0JY and associated hospitals (including the management of its teaching and research facilities);

(b) to manage community health services provided from Gipsy Lane, Humber— stone, Leicester LE5 0TD 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 Leicester.

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.

Restriction on disposal of assets

6.  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 Fosse Health, Leicestershire Community 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 (article 3). It specifies the operational date and the accounting date of the trust (article 5). It specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the asset (article 6).

(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.