Statutory Instrument 2000 No. 1167

      The Blackburn with Darwen Primary Care Trust (Establishment) Order 2000


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STATUTORY INSTRUMENTS


2000 No. 1167

NATIONAL HEALTH SERVICE, ENGLAND

The Blackburn with Darwen Primary Care Trust (Establishment) Order 2000

  Made 18th April 2000 
  Coming into force 1st May 2000 

The Secretary of State for Health, in the exercise of the powers conferred on him by sections 16A(1), (2) and (3) and 126(4) of, and paragraphs 1 and 2 of Schedule 5A to, the National Health Service Act 1977[1] and of all other powers enabling him in that behalf, following compliance with the consultation requirements contained in regulations made under section 16A(5) of the Act[2], hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Blackburn with Darwen Primary Care Trust (Establishment) Order 2000 and shall come into force on 1st May 2000.

    (2) In this Order, unless the context otherwise requires - 

    "the Act" means the National Health Service Act 1977;

    "establishment date" means the date of coming into force of this Order;

    "Executive Committee" has the meaning given in regulation 1(2) of the Membership Regulations;

    "member", "officer member" and "non-officer member" have the meanings given in regulation 1(2) of the Membership Regulations;

    "Membership Regulations" means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000[4];

    "operational date" is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;

    "preparatory period" is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;

    "the trust" means the Blackburn with Darwen Primary Care Trust established by article 2 of this Order.

Establishment and name of the Primary Care Trust
     2. There is hereby established a Primary Care Trust which is to be called the Blackburn with Darwen Primary Care Trust.

Area of the trust
    
3. The trust shall be established for the area specified in the Schedule to this Order.

Members of the trust
    
4.  - (1) The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.

    (2) The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.

    (3) The officer members[
5] shall comprise - 

    (a) the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;

    (b) the person who for the time being holds the post of chairman of the Executive Committee of the trust;

    (c) 2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.

Operational date of the trust
     5. The trust's operational date shall be 1st October 2000.

Limitations on the exercise of functions by the trust during the preparatory period
    
6. During the preparatory period the exercise of functions by the trust shall be limited to the following - 

Assistance during the preparatory period
    
7.  - (1) The East Lancashire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.

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

    (4) The East Lancashire Health Authority shall make available to the trust during the preparatory period - 

    (5) The CommuniCare National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.

Exercise of functions
    
8. In exercising the functions conferred on it under section 17A(1) of the Act[6] the trust shall not provide services directly to patients, other than community health services.



Signed by authority of the Secretary of State for Health


Hunt
Parliamentary Under-Secretary of State, Department of Health

18th April 2000



SCHEDULE
Article 3


AREA OF TRUST


The Borough of Blackburn with Darwen



EXPLANATORY NOTE

(This note is not part of the Order)


This Order establishes the Blackburn with Darwen Primary Care Trust (" the trust"), as provided for under section 16A of the National Health Service Act 1977. It specifies the area for which the trust is established (article 3), its operational date (article 5) and limitations on the exercise of its functions during its preparatory period (article 6). It makes provision for the membership of the trust (article 4) and for assistance to the trust during its preparatory period (article 7). It also contains a restriction on the exercise of functions by the trust (article 8).


Notes:

[1] 1977 c. 49; section 16A was inserted by the Health Act 1999 (c. 8) ("the 1999 Act"), section 2(1); section 126(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), section 65(2) and by the 1999 Act, Schedule 4, paragraph 37(6); Schedule 5A was inserted by the 1999 Act, Schedule 1. The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.back

[2] See S.I. 1999/2337.back

[3] Section 5(1) was amended by the Health and Medicines Act 1988 (c. 49) ("the 1988 Act"), Schedule 3; section 5(1A) and (1B) was inserted by the 1988 Act, section 10(1); Schedule 1 was amended by the 1988 Act, Schedule 2, paragraph 7 and the Education Act 1996 (c. 56), Schedule 37, paragraph 46.back

[4] S.I. 2000/89.back

[5] See regulation 2(4) to (11) of the Membership Regulations.back

[6] Section 17A was inserted by section 12 of the Health Act 1999.back



ISBN 0 11 099184 2


 

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