1 Citation, commencement, interpretation, and extent

(1)    This Order may be cited as the Buckinghamshire Hospitals National Health Service Trust (Establishment) and the South Buckinghamshire National Health Service Trust and Stoke Mandeville Hospital National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st October 2002.

(2)    In this Order—

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

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

“the dissolution date” means 1st April 2003;

“the establishment date” means the date on which this Order comes into force;

“the Authority” means the Thames Valley Health Authority; and

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

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see para (1) above.

2 Establishment and name of the trust

2Establishment and name of the trust

There is established a National Health Service trust which shall be called the Buckinghamshire Hospitals National Health Service Trust.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see art 1(1).

3 Nature and functions of the trust

3Nature and functions of the trust

(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 for the purposes of the health service at or from—

(a)    Wycombe Hospital, Queen Alexandra Road, High Wycombe, Bucks HP11 2TT,

(b)    Amersham Hospital, Whielden Street, Amersham, Bucks HP7 OJD,

(c)    Appleyard, 19 Bramble Lane, London Road East, Amersham, Bucks HP7 9DN,

(d)    Stoke Mandeville Hospital, Mandeville Road, Aylesbury HP21 8AL, and

(e)    at or from any associated hospitals, establishments, and facilities.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see art 1(1).

4 Directors of the trust

4Directors of the trust

The trust shall have a chairman, 5 executive directors and 5 non-executive directors.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see art 1(1).

5 Operational and accounting dates of the trust

5Operational and accounting dates of the trust

(1)    The operational date of the trust shall be 1st April 2003.

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

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see art 1(1).

6 Limited functions before operational date

6Limited functions before operational date

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 National Health Service contracts,

(b)    entering into other contracts including contracts of employment, and

(c)    doing such things as are reasonably necessary to enable the trust to begin operating satisfactorily.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see art 1(1).

National Health Service (NHS)95 Health Law95

7 Assistance from Health Authority before operational date

7Assistance from Health Authority before operational date

(1)    Between the establishment date and the operational date, the Authority shall meet the costs of the trust in performing its functions, by discharging the liabilities of the trust incurred during that period as specified in paragraph (2) which do not in aggregate exceed such amount as may be notified by the Authority to the trust.

(2)    The liabilities referred to in the preceding paragraph are—

(a)    liability for the remuneration and travelling or other allowances of the chairman, executive directors, and non-executive directors of the trust;

(b)    liability for the remuneration and 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 be reasonably incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see art 1(1).

8 Dissolution of National Health Service trusts

8Dissolution of National Health Service trusts

On the dissolution date—

(a)    the South Buckinghamshire National Health Service Trust, which was established by the South Buckinghamshire National Health Service Trust (Establishment) Order 1992; and

(b)    the Stoke Mandeville Hospital National Health Service Trust, which was established by the Stoke Mandeville Hospital National Health Service Trust (Establishment) Order 1993;

are dissolved, and their Establishment Orders are accordingly revoked.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2002: see art 1(1).

Signature

Signed by Authority of the Secretary of State for Health

John Hutton

Minister of State,

Department of Health

20th September 2002

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order establishes the Buckinghamshire Hospitals National Health Service Trust (“the new trust”) as a National Health Service Trust under the terms set out in section 5 of the National Health Service and Community Care Act 1990 (article 2).

The Order also dissolves the South Buckinghamshire National Health Service Trust and the Stoke Mandeville Hospital National Health Service Trust on 1st April 2003 (article 8).

The Order provides for the functions of the new trust (article 3) and the number of executive directors and non-executive directors (article 4). It also specifies the date on which the new trust becomes fully operational (1st April 2003), and its accounting date (article 5). It also specifies that, between the dates that the new trust is established and becomes operational, its liabilities will be discharged by the Thames Valley Health Authority (article 7).

This Order does not impose a charge on businesses.