The North Bristol National Health Service Trust (Establishment) Order 1999

Made: 8th March 1999

Coming into force: 18th March 1999

The Secretary of State for Health, in exercise of the powers conferred on him by section 5(1) of, and paragraphs 1, 3 and 6(2)(d) of Schedule 2 to, The National Health Service and Community Care Act 1990¹ and of all other powers enabling him in that behalf, having completed the consultation prescribed by section 5(2) of that Act², and considering it appropriate to include, among the functions of the NHS trust established by this Order, certain functions in relation to the provision of services by the trust for Health Authorities or Special Health Authorities³, hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as The North Bristol National Health Service Trust (Establishment) Order 1999 and shall come into force on 18th March 1999.

• (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 Act⁴;

• “establishment date” means 18th March 1999;

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

• “the trust” means the North Bristol 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 North Bristol National Health Service Trust.

Nature and functions of the trust

3

• (1) The trust is established for the purposes specified in section 5(1)(b) of the Act.

• (2) The trust’s functions shall be to provide and manage Frenchay Hospital, Beckspool Road, Bristol BS16 1JE, Southmead Hospital, Westbury-on-Trym, Bristol BS10 5NB, and associated hospitals and facilities (including the management of their teaching and research facilities), and there to provide and manage hospital accommodation and services, and there and from there to provide and manage community health services.

Directors of the trust

4

The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.

Significant teaching commitment

5

• (1) The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.

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

Operational date and accounting date of the trust

6

• (1) The operational date of the trust shall be 1st April 1999.

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

Limited functions before operational date

7

Between the establishment date and the 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 things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.

Assistance by Health Authorities before operational date

8

• (1) The Avon 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 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 its operational date.

Restriction on disposal of assets

9

The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.

Signed

Signed by authority of the Secretary of State for Health

John Denham — Minister of State, — Department of Health — 8th March 1999

Explanatory note

(This note is not part of the Order)

This Order establishes the North Bristol 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 (article 3), the number of executive and non-executive directors (article 4) and that one of the non-executive directors shall be appointed from the University of Bristol (article 5). It specifies the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 6), and the limited functions that the new trust may carry out between its establishment and operational dates (article 7), and makes provision for assistance to be given by Avon Health Authority between those dates (article 8). Finally, it specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the assets (article 9).

This Order should be read in conjunction with The Frenchay Healthcare and the Southmead Health Services National Health Service Trusts (Dissolution) Order 1999⁵.

Footnotes