Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND
Made
27th February 2002
Coming into force
except for article 8
8th March 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 Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care 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:
1.—(1) This Order may be cited as the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Order 2002 and subject to paragraph (2), shall come into force on 8th March 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) of (1A) of that Act(5);
“establishment date” means the date 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 Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust established by article 2 of this Order.
2. There is established an NHS trust which shall be called the Cambridgeshire and Peterborough 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 goods and services, namely hospital accommodation and services, and community health services for the purposes of the health service at or from Ida Darwin Hospital, Fulbourn, Cambridgeshire, CB1 5EE, and at or from Edith Cavell Hospital, Bretton Gate, Peterborough, Cambridgeshire, PE3 9GZ.
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 non-executive directors and 5 executive directors.
(2) One of the non-executive directors shall be appointed from the University of Cambridge.
5.—(1) The operational date shall be 1st April 2002.
(2) The accounting date of the trust shall be 31st March.
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.
7. The Cambridgeshire 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.
8.—(1) The Lifespan Health Care Cambridge National Health Service Trust established by the Lifespan Health Care Cambridge National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked(6).
(2) The North West Anglia Health Care National Health Service Trust established by the North West Anglia Health Care National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked(7).
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
27th February 2002
(This note is not part of the Order)
This order establishes the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust as an NHS trust, provided for in section 5 of the National Health Service and Community Care Act 1990 (article 2).
This Order also dissolves on 1st April 2002 (article 8):
the Lifespan Health Care Cambridge National Health Service Trust; and
the North West Anglia Health Care National Health Service Trust.
The new trust will provide certain services and community health services previously provided by the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust which are dissolved by this Order.
The Order provides for the functions of the trust and for recognition of the trust as having a significant teaching commitment (article 3), and 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 Cambridge (article 4). It specifies the operational date (the date of 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 Cambridgeshire Health Authority if incurred between the establishment date and the operational date (article 7).
This Order does not impose a charge on businesses.
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).
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 paragraph 29(2) of Schedule 2 to the 1990 Act.
See S.I. 1996/653.
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. Schedule 2, paragraph 7 and the Education Act 1996 (c. 56), schedule 37, paragraph 46.
S.I. 1992/2571, amended by S.I. 1998/957