Citation, commencement and interpretation

1. —(1) This Order may be cited as the Cheshire and Wirral Partnership National Health ServiceTrust (Establishment) and the Wirral and West Cheshire Community National Health Service Trust (Dissolution) Order 2002 and subject to paragraph (2), shall come into force on 22nd March 2002.

(2) Article 8 shall come into force on 1st April 2002.

(3) 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( 5 );

“establishment date” means the date this order comes into force;

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

“the trust” means the Cheshire and Wirral Partnership National Health ServiceTrust established by article 2 of this Order.

Establishment and name of trust

2. There is established an NHS trust which shall be called the Cheshire and Wirral Partnership National Health ServiceTrust.

Nature and functions of the trust

3. —(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, community health services, and certain community health services previously provided by the Wirral and West Cheshire Community National Health ServiceTrust, the Cheshire Community Healthcare National Health ServiceTrust, the Mid Cheshire Hospitals National Health ServiceTrust, the East Cheshire National Health ServiceTrust and the Countess of Chester Hospital National Health ServiceTrust, for the purposes of the health service at or from the trust’s Headquarters, at West Cheshire Hospital, Countess of Chester Health Park, Liverpool Road, Chester, Cheshire CH2 1YZ,

• and at or from any associated hospitals, establishments and facilities.

Directors of the trust

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

Operational date and accounting date of the trust

5. —(1) The operational date shall be 1st April 2002.

(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 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 NHS contracts;

(b) entering into other contracts including contracts of employment.

Assistance by Health Authorities before operational date

7. The South Cheshire Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date which are reasonably incurred by the trust for the purpose of enabling it to begin to carry out its functions with effect from the operational date, including—

(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.

Dissolution of NHS trusts

8. The Wirral and West Cheshire Community National Health ServiceTrust established by the Wirral and West Cheshire Community National Health Service Trust (Establishment) Order 1997 is dissolved, and accordingly that Order is revoked( 6 ).