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Statutory Instruments

2000 No. 1413

NATIONAL HEALTH SERVICE, ENGLAND

The Barking, Havering and Redbridge Hospitals National Health Service Trust (Establishment) Order 2000

Made

24th May 2000

Coming into force

5th June 2000

The Secretary of State for Health, in exercise of the powers conferred on him by section 5(1) of, and paragraphs 1 and 3 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 by section 5(2) of that Act(2), hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Barking, Havering and Redbridge Hospitals National Health Service Trust (Establishment) Order 2000 and shall come into force on 5th June 2000.

(2) In this Order, unless the context otherwise requires—

“the Act” means the National Health Service and Community Care Act 1990;

“establishment date” means 5th June 2000;

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

“the trust” means the Barking, Havering and Redbridge Hospitals National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust

2.  There is hereby established an NHS trust which shall be called the Barking, Havering and Redbridge Hospitals National Health Service Trust.

Nature and functions of the 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 for the purposes of the health service at or from—

(i)Barking Hospital, Upney Lane, Barking, Essex IG11 9LX;

(ii)Harold Wood Hospital, Gubbins Lane, Harold Wood, Romford, Essex RM3 0BE;

(iii)King George Hospital, Barley Lane, Goodmayes, Ilford, Essex IG3 8YB;

(iv)Oldchurch Hospital, Waterloo Road, Romford, Essex RM7 0BE,

and at or from associated hospitals, establishments or facilities.

Directors of the trust

4.  The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.

Operational date and accounting date of the trust

5.—(1) The operational date of the trust shall be 1st April 2001.

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

Limited functions before operational date

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 begin to operate satisfactorily with effect from its operational date.

Assistance by Health Authorities before operational date

7.—(1) The Barking & Havering Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.

(2) The liabilities referred to in the preceding 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

John Denham

Minister of State,

Department of Health

24th May 2000

Explanatory Note

(This note is not part of the Order)

This Order establishes the Barking, Havering and Redbridge 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 both before (article 6) and after (article 3) its operational date (the date on which it assumes all its functions) 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 makes provision for assistance to the trust by the Barking & Havering Health Authority before its operational date (article 7).

This Order should be read in conjunction with the BHB Community Health Care, the Forest Healthcare, the Havering Hospitals and the Redbridge Health Care National Health Service Trusts (Dissolution) Order 2000(3).

(1)

1990 c. 19; 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) and by section 13 of the Health Act 1999 (c. 8).

(2)

See S.I. 1996/653.

(3)

S.I. 2000/1416.