2001 No. 284
The South West Kent Primary Care Trust (Establishment) Order 2001
Made
Coming into force
The Secretary of State for Health, in the exercise of the powers conferred on him by sections 16A(1), (2) and (3) and 126(4) of, and paragraphs 1 and 2 of Schedule 5A to, the National Health Service Act 19771 and of all other powers enabling him in that behalf, following compliance with the consultation requirements contained in regulations made under section 16A(5) of the Act2, hereby makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the South West Kent Primary Care Trust (Establishment) Order 2001 and shall come into force on 16th February 2001.
2
In this Order, unless the context otherwise requires—
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 20003;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South West Kent Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust2
There is hereby established a Primary Care Trust which is to be called the South West Kent Primary Care Trust.
Area of the trust3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members4 shall comprise—
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period6
During the preparatory period the exercise of functions by the trust shall be limited to the following—
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period7
1
The West Kent Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are—
a
liability for the remuneration and travelling or other allowances of the chairman and members 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 members of the trust;
c
liability for the remuneration of officers of 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.
3
The West Kent Health Authority shall make available to the trust during the preparatory period—
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Hastings and Rother National Health Service Trust shall make available to the trust during the preparatory period—
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Invicta Community Care National Health Service Trust shall make available to the trust duing the preparatory period—
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
6
The Maidstone and Tunbridge Wells NHS Trust shall make available to the trust during the preparatory period—
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
SCHEDULEAREA OF TRUST
In the borough of Tunbridge Wells—
the electoral wards of Culverden, Pantiles, Park, Rusthall, St James', St Johns', St Marks', Sherwood, Southborough East, Southborough North, Southborough West, Speldhurst and Bidborough.
In the borough of Sevenoaks—
the electoral wards of Brasted, Chevening, Dunton Green, Edenbridge North, Edenbridge South, Halstead Knockholt and Badgers Mount, Kemsing, Leigh, Otford, Penshurst and Fordcombe, Riverhead, Seal, Sevenoaks Kippington, Sevenoaks Northern, Sevenoaks Town and St John's, Sevenoaks Weald and Underriver, Sevenoaks Wildernesse, Shoreham, Somerden, Sundridge and Ide Hill, Westerham and Crockham Hill.
In the borough of Tonbridge and Malling—
the electoral wards of Borough Green, Cage Green, Castle, Hadlow, Higham, Hildenborough, Ightham, Judd, Long Mill, Medway, Trench, Vauxhall, Wrotham.
(This note is not part of the Order)