The Sefton and Lancashire Community National Health Service Trust (Establishment) Order 1999

Made: 19th March 1999

Coming into force: 1st April 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, functions in relation to the provision of services by the trust for one or more 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 Sefton & West Lancashire Community National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st April 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;

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

• “the trust” means the North Sefton & West Lancashire Community National Health Service Trust established by article 2 of this Order.

Establishment of the trust

2

There is hereby established an NHS trust which shall be called North Sefton & West Lancashire Community 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 Ormskirk & District General Hospital, Wigan Road, Ormskirk, Lancs L39 2JW and associated hospitals, establishments and facilities in the areas of the South Lancashire and Sefton Health Authorities, 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, 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 1999.

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

Restriction on disposal of assets

6

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 — 19th March 1999

Explanatory note

(This note is not part of the Order)

This Order establishes on 1st April 1999 the North Sefton & West Lancashire Community National Health Service Trust (“the new 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 new trust (article 3). It specifies the number of executive and non-executive directors of the new trust (article 4), its operational date (the date on which the new trust assumes all its functions) and its accounting date (article 5), and the value above which assets cannot be disposed of without the Secretary of State’s consent (article 6).

The new trust replaces the Southport and Formby Community Health Services and the West Lancashire National Health Service Trusts and this Order should be read in conjunction with the Southport and Formby, the Southport and Formby Community Health Services and the West Lancashire National Health Service Trusts (Dissolution) Order 1999⁵.

Footnotes