Citation, commencement and interpretation

1. —(1) This Order may be cited as the Tendring Primary Care Trust (Establishment) Order 2000 and shall come into force on 17th February 2000.

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

“the Act” means the National Health Service Act 1977;

“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 Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act( 3 );

“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 Tendring 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 Tendring 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 following nomination by the Executive Committee of the trust.

Operational date of the trust

5. The trust’s operational date shall be 1st April 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—

(a) entering into NHS contracts;

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

(c) doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.

Assistance during the preparatory period

7. —(1) The North Essex 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 as may be 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.

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

(a) liability for the remuneration and travelling or other allowances of the chairman and members 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 members of the trust;

(c) liability for the remuneration of officers of 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.

(3) The North Essex Health Authority shall make available to the trust during the preparatory period—

(a) premises and other facilities of the authority; and

(b) officers of the authority.

(4) The Essex Rivers Healthcare National Health ServiceTrust shall make available to the trust during the preparatory period—

(a) premises and other facilities of the NHS trust; and

(b) staff of the NHS trust.

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.

Article 3

SCHEDULE AREA OF TRUST

In the District of Tendring—

• the electoral wards of Alfresford, Thorrington and Frating, Beaumont and Thorpe, Bockings Elm, Bradfield, Wrabness and Wix, Brightlingsea East, Brightlingsea West, Elmstead, Frinton, Golf Green, Great and Little Oakley, Great Bentley, Great Bromley, Little Bromley and Little Bentley, Harwich East, Harwich East Central, Harwich West, Harwich West Central, Haven, Holland and Kirby, Lawford and Manningtree, Little Clacton, Mistley, Ramsey, Rush Green, St. Bartholomews, St. James, St. Johns, St. Mary's, St. Osyth, Southcliff, Tendring and Weeley, Walton, Shipping.