Citation, commencement and interpretation

1.-(1) This Order may be cited as the Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013 and comes into force on 22nd March 2013.

(2) In this Order-

"the Act" means the National Health Service Act 2006;

"community health services" means any services-

"establishment date" means 22nd March 2013;

"operational date" has the meaning assigned to it in paragraph 5(5) of Schedule 4 to the Act;

"the trust" means the National Health Service trust established by article 2.

Establishment and name of the trust

2.  There is established a National Health Service trust which is called the Gloucestershire Care Services National Health Service Trust.

Nature and functions of the trust

3.  The trust's functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.

Directors of the trust

4.-(1) The trust shall have, in addition to the chair, 4 executive directors and 4 non-executive directors.

(2) If the Secretary of State suspends the chair, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.

Operational date and accounting date of the trust

5.-(1) The operational date of the trust shall be 1st April 2013.

(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 has 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 Strategic Health Authority before operational date

7.-(1) The South West Strategic Health Authority(8) must 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).

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

(a)liability for the remuneration and travelling or other allowances of the chair 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.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes on 22nd March 2013 a National Health Service trust called the Gloucestershire Care Services National Health Service Trust ("the trust").

The Order sets out the functions of the trust (article 3) and the number of executive and non-executive directors of the trust (article 4). It also sets out the operational date (the date on which the trust assumes all its functions), the accounting date of the trust (article 5), the limited functions that the trust may carry out between its establishment and operational dates (article 6) and makes provision for assistance to be given by the South West Strategic Health Authority (article 7).