Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
18th March 1998
Coming into force
1st April 1998
The Secretary of State for Health, in exercise of the powers conferred on him by section 5(1) of, and paragraphs 1, 3 to 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 him in that behalf, having completed the consultation prescribed under section 5(2) of that Act(2), and considering it appropriate to include, among the functions of the NHS trust established by this Order, certain functions in relation to the provision of services by the trust for Health Authorities or Special Health Authorities(3), hereby makes the following Order:
1.—(1) This Order may be cited as the Morecambe Bay Hospitals National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.
(2) In this Order, unless the context otherwise requires—
“the Act” means the National Health Service and Community Care Act 1990;
“the trust” means the Morecambe Bay Hospitals National Health Service Trust established by article 2 of this Order.
2. There is hereby established an NHS trust which shall be called the Morecambe Bay Hospitals National Health Service Trust.
3. 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 pursuant to section 5(1)(a) of the Act Westmorland General Hospital, Burton Road, Kendal, Cumbria LA9 7RG and associated hospitals, and there to provide and manage hospital accommodation and services; and
(b)to provide and manage pursuant to section 5(1)(b) of the Act, hospitals, establishments or facilities in the area of Morecambe Bay Health Authority, and there to provide and manage hospital accommodation and services.
4. The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
5.—(1) The operational date of the trust(4) shall be 1st April 1998.
(2) The accounting date of the trust shall be 31st March.
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
Alan Milburn
Minister of State
Department of Health
18th March 1998
(This note is not part of the Order)
This Order establishes the Morecambe Bay Hospitals 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) and the number of executive and non-executive directors (article 4). It specifies the operational date and the accounting date of the trust (article 5) and it specifies the value above which assets cannot be disposed of without the Secretary of State’s consent (article 6).
This Order should be read in conjunction with the Furness Hospitals National Health Service Trust (Dissolution) Order 1998(5), the Westmorland Hospitals National Health Service Trust (Dissolution) Order 1998(6) and the Lancaster Acute Hospitals National Health Service Trust (Dissolution) Order 1998(7).
1990 c. 19 (“the 1990 Act”); paragraph 1 of Schedule 2 is cited for the definition of “an order”.
Section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17); see S.I. 1996/653.
See section 5(6) of the 1990 Act.
See, for the definition of “operational date”, paragraph 3(1)(e) of Schedule 2 to the 1990 Act.