Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND
Made
26th October 2000
Coming into force
31st October 2000
The Secretary of State for Health, in exercise of the powers conferred upon him by section 5(1) of, and paragraphs 1, 3, 4, and 5 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), hereby makes the following Order:
1.—(1) This Order may be cited as the Sheffield Teaching Hospitals National Health Service Trust (Establishment) Order 2000 and shall come into force on 31st October 2000.
(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 he has a duty to provide under section 5(1) or (1A) of that Act(3);
“establishment date” means 31st October 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Sheffield Teaching 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 Sheffield Teaching Hospitals National Health Service Trust.
3.—(1) The trust is established for the purposes specified in section 5(1) of the Act.
(2) The trust’s functions shall be to provide hospital accommodation and services and community health services at or from:
(a)Northern General Hospital, Herries Road, Sheffield, South Yorkshire S5 7AU;
(b)Royal Hallamshire Hospital, Glossop Road, Sheffield S10 2JF;
(c)Weston Park Hospital, Whitham Road, Sheffield S10 2SZ
and at or from any associated hospitals, establishments and facilities.
(3) 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.
4.—(1) The trust shall have in addition to the chairman 5 executive directors and 6 non-executive directors.
(2) One of the non-executive directors shall be appointed from the University of Sheffield.
5.—(1) The operational date shall be 1st April 2001.
(2) The accounting date of the trust shall be 31st March.
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 operate satisfactorily with effect from its operational date.
7.—(1) The Sheffield Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
(2) The liabilities referred to in the previous 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 the operational date.
Signed by authority of the Secretary of State for Health.
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
26th October 2000
(This note is not part of the Order)
This Order establishes the Sheffield Teaching Hospitals National Health Service Trust as an NHS trust provided for in section 5 of the National Health Service and Community Care Act 1990.
The order 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 (the date on which the trust assumes all its functions), the accounting date of the trust (article 5) and the trust’s limited functions before the operational date (article 6). It also specifies the trust’s liabilities which will be discharged by the Sheffield Health Authority if incurred between the establishment date and the operational date (article 7).
1990 c. 19; section 5 was amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 69(d) and by the Health Act 1999 (c. 8) section 13; paragraph 1 of Schedule 2 is cited for the definition of “an order”; paragraph 3 of Schedule 2 to the 1990 Act was amended by the Health Act 1999 section 13(7).
See S.I. 1996/653.
Section 5 was amended by and section 5(1A) 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.