Citation, commencement and interpretation

1. —(1) This Order may be cited as The Pennine Acute Hospitals National Health ServiceTrust (Establishment) and the Bury Health Care National Health ServiceTrust, the Rochdale Healthcare National Health ServiceTrust, the Oldham National Health ServiceTrust and the North Manchester Healthcare National Health Service Trust (Dissolution) Order 2002 and subject to paragraph (2), shall come into force on 28th January 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 on which article 3(1) of 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 Pennine Acute Hospitals 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 Pennine Acute Hospitals 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, and community health services, for the purposes of the health service at or from the Trust’s headquarters at Westhulme Avenue, Oldham, Lancashire OL1 2PN,

and at or from Fairfield General Hospital, Rochdale Old Road, Bury, Lancashire BL9 7TD,

• Birch Hill Hospital, Rochdale, Lancashire OL12 9QB,

• Rochdale Infirmary, Whitehall Street, Rochdale, Lancashire OL12 0NB,

• The Royal Oldham Hospital, Rochdale Road, Oldham, Lancashire OL1 2JH,

• North Manchester General Hospital, Delaunays Road, Crumpshall, Manchester M8 5RB.

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

(3) The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.

Directors of the trust

4. —(1) The trust shall have in addition to the chairman 7, non-executive directors and 7 executive directors.

(2) One of the non-executive directors shall be appointed from the University of Manchester.

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 the operational date

7. The West Pennine 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.