The Pennine Acute Hospitals National Health Service Trust (Establishment) and the Bury Health Care National Health Service Trust, the Rochdale Healthcare National Health Service Trust, the Oldham National Health Service Trust and the North Manchester Healthcare National Health Service Trust (Dissolution) Order 2002

Statutory Instruments

2002 No. 308

NATIONAL HEALTH SERVICE, ENGLAND

The Pennine Acute Hospitals National Health Service Trust (Establishment) and the Bury Health Care National Health Service Trust, the Rochdale Healthcare National Health Service Trust, the Oldham National Health Service Trust and the North Manchester Healthcare National Health Service Trust (Dissolution) Order 2002

Made

17th January 2002

Coming into force

except for article 8

28th January 2002

article 8

1st April 2002

The Secretary of State for Health, in exercise of the powers conferred upon him by section 126(3) of the National Health Service Act 1977(1) and by section 5(1) of, and paragraphs 1, 3, 4, 5 and 29(1) of Schedule 2 to, the National Health Service and Community Care Act 1990(2) and of all other powers enabling him in that behalf, considering it appropriate in the interests of the health service to dissolve the Bury Health Care National Health Service Trust, the Rochdale Healthcare National Health Service Trust, the Oldham National Health Service Trust and the North Manchester Healthcare National Health Service Trust(3), and having completed the consultation prescribed under section 5(2) of and paragraph 29(3) of Schedule 2 to that Act(4), makes the following Order:

Citation, commencement and interpretation E+W

1.—(1) This Order may be cited as The Pennine Acute Hospitals National Health Service Trust (Establishment) and the Bury Health Care National Health Service Trust, the Rochdale Healthcare National Health Service Trust, the Oldham National Health Service Trust and the North Manchester Healthcare National Health Service Trust (Dissolution) Order 2002 and subject to paragraph (2), shall come into force on 28th January 2002.

(2) Article 8 shall come into force on 1st April 2002.

(3) 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(5);

“establishment date” means the date on which article 3(1) of this Order comes into force;

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

“the trust” means The Pennine Acute Hospitals National Health Service Trust established by article 2 of this Order.

Commencement Information

I1 Art. 1 in force at 28.1.2002, see art. 1(1)

Establishment and name of trust E+W

2.  There is established an NHS trust which shall be called The Pennine Acute Hospitals National Health Service Trust.

Commencement Information

I2 Art. 2 in force at 28.1.2002, see art. 1(1)

Nature and functions of the trust E+W

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 goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from the Trust’s headquarters at Westhulme Avenue, Oldham, Lancashire OL1 2PN,

and at or from Fairfield General Hospital, Rochdale Old Road, Bury, Lancashire BL9 7TD,

• Birch Hill Hospital, Rochdale, Lancashire OL12 9QB,

• Rochdale Infirmary, Whitehall Street, Rochdale, Lancashire OL12 0NB,

• The Royal Oldham Hospital, Rochdale Road, Oldham, Lancashire OL1 2JH,

• North Manchester General Hospital, Delaunays Road, Crumpshall, Manchester M8 5RB.

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.

Commencement Information

I3 Art. 3 in force at 28.1.2002, see art. 1(1)

Directors of the trust E+W

4.—(1) The trust shall have in addition to the chairman 7, non-executive directors and 7 executive directors.

(2) One of the non-executive directors shall be appointed from the University of Manchester.

Commencement Information

I4 Art. 4 in force at 28.1.2002, see art. 1(1)

Operational date and accounting date of the trust E+W

5.—(1) The operational date shall be 1st April 2002.

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

Commencement Information

I5 Art. 5 in force at 28.1.2002, see art. 1(1)

Limited functions before operational date E+W

6.  Between the establishment date and the operational date the trust shall have the functions of doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including—

(a) entering into NHS contracts;

(b) entering into other contracts including contracts of employment.

Commencement Information

I6 Art. 6 in force at 28.1.2002, see art. 1(1)

Assistance by Health Authorities before the operational date E+W

7.  The West Pennine Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date which are reasonably incurred by the trust for the purpose of enabling it to begin to carry out its functions with effect from the operational date, including—

(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.

Commencement Information

I7 Art. 7 in force at 28.1.2002, see art. 1(1)

Prospective

Dissolution of NHS trusts E+W

8.—(1) The Bury Health Care National Health Service Trust established by the Bury Health Care National Health Service Trust (Establishment) Order 1993(6) is dissolved, and accordingly that Order is revoked.

(2) The Rochdale Healthcare National Health Service established by the Rochdale Healthcare National Health Service Trust (Establishment) Order 1991(7) is dissolved, and accordingly that Order is revoked.

(3) The Oldham National Health Service Trust established by the Oldham National Health Service Trust (Establishment) Order 1991(8) is dissolved, and accordingly that Order is revoked.

(4) The North Manchester Healthcare National Health Service Trust established by the North Manchester Healthcare National Health Service Trust (Establishment) Order 1993(9) is dissolved, and accordingly that Order is revoked.

Commencement Information

I8 Art. 8 in force at 1.4.2002, see art. 1(2)

Signed by authority of the Secretary of State for Health

Hunt

Parliamentary Under Secretary of State,

Department of Health

17th January 2002

Explanatory Note

(This note is not part of the Order)

This Order establishes the Pennine Acute Hospitals National Health Service Trust as an NHS trust, as provided for in section 5 of the National Health Service and Community Care Act 1990 (article 2).

This Order dissolves on 1st April 2002 (article 8):

• the Bury Health Care National Health Service Trust;

• the Rochdale Healthcare National Health Service Trust;

• the Oldham National Health Service Trust; and

• the North Manchester Healthcare National Health Service Trust.

The new trust will provide services previously provided by the Bury Health Care National Health Service Trust, the Rochdale Healthcare National Health Service Trust, the Oldham National Health Service Trust and by the North Manchester Healthcare National Health Service Trust, which are dissolved by this Order.

The Pennine Care NHS Trust(10) and Primary Care Trusts will provide community health services, previously provided by the trusts dissolved by this Order:

• he Bury Primary Care Trust(11);

• the Rochdale Primary Care Trust(12);

• the Oldham Primary Care Trust(13);

• the Heywood and Middleton Primary Care Trust(14); and

• the North Manchester Primary Care Trust(15).

The Order provides for the functions of the trust and for recognition of the trust as having a significant teaching commitment (article 3). Article 4 provides for the number of executive and non-executive directors and for one of its non-executive directors to be appointed from the University of Manchester. It specifies the operational date (the dates on which the trust assumes all its functions) and the accounting date of the trust (article 5). It also specifies the trust’s liabilities which will be discharged by the West Pennine Health Authority if incurred between the establishment date and the operational date (article 7).

This Order does not impose a charge on business.

(1)

1977 c. 49; section 126(3) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), by paragraph 57 of Schedule 1 to the Health Authorities Act 1995 (c. 17) (“the 1995 Act”) and by paragraph 27 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46).

(2)

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).

(3)

See paragraph 29(2) of Schedule 2 to the 1990 Act.

(4)

See S.I. 1996/653.

(5)

1977 (c. 49); section 5(1) was amended by, and section 5(1A) was inserted by the Health and Medicines Act 1988 (c. 49), section 10(1); Schedule 1 was amended by the Education Reform Act 1988 (c. 40), paragraph 21 of Schedule 12, the Health and Medicines Act 1988, shedule 2, paragraph 7 and the Education Act 1996 (c. 56), Schedule 37, paragraph 46.

(6)

S.I. 1993/2599.

(7)

S.I. 1991/2926, amended by S.I. 1996/991.

(8)

S.I. 1991/2382.

(9)

S.I. 1993/2594.

(10)

S.I. 2001/3733.

(11)

S.I. 2002/69.

(12)

S.I. 2002/68.

(13)

S.I. 2002/64.

(14)

S.I. 2001/438.

(15)

S.I. 2000/1964.