Citation, commencement and interpretation

1.-(1) This Order may be cited as the Surrey Hampshire Borders National Health Service Trust (Establishment) Order 1998 and shall come into force on 16th March 1998.

(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 Act(4);

"establishment date" means 16th March 1998;

"the trust" means the Surrey Hampshire Borders 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 Surrey Hampshire Borders National Health Service Trust.

Functions of the trust

3. The trust's functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be:-

(a)to own and manage pursuant to section 5(1)(a) of the Act Farnham Hospital, Hale Road, Farnham, Surrey GU9 9QL, Heathlands House, The Ridgewood Centre, Old Bisley Road, Frimley, Camberley, Surrey GU16 5QE and associated hospitals, and there to provide hospital accommodation and services; and

(b)to own and manage pursuant to section 5(1)(a) of the Act Farnham Hospital, Hale Road, Farnham, Surrey GU9 9QL, Heathlands House, The Ridgewood Centre, Old Bisley Road, Frimley, Camberley, Surrey GU16 5QE and associated premises, and there to provide community health services.

Directors of the trust

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

Operational date and accounting date of the trust

5.-(1) The operational date of the trust(5) shall be 1st April 1998.

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

Limited functions before operational date

6. 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

7.-(1) The West Surrey 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

8. 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.

Explanatory Note

(This note is not part of the Order)

This Order establishes the Surrey Hampshire Borders 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). It specifies the number of executive and non-executive directors of the trust (article 4), the operational date and the accounting date of the trust (article 5) and makes provision for assistance to the trust by Health Authorities before its operational date (article 7). It specifies the value above which assets cannot be disposed of without the Secretary of State's consent (article 8).

This Order should be read in conjunction with the Dissolution of the North Downs Community Health National Health Service Trust and the Heathlands Mental Health National Health Service Trust Order 1998(6).