Citation, commencement and interpretation

1. —(1) This Order may be cited as the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Order 2002 and subject to paragraph (2), shall come into force on 8th 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) of (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 Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust established by article 2 of this Order.

Establishment and name of trust

2. There is established an NHS trust which shall be called the Cambridgeshire and Peterborough National Health Service Trust.

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 Ida Darwin Hospital, Fulbourn, Cambridgeshire, CB1 5EE, and at or from Edith Cavell Hospital, Bretton Gate, Peterborough, Cambridgeshire, PE3 9GZ.

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 5 non-executive directors and 5 executive directors.

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

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 Cambridgeshire 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. —(1) The Lifespan Health Care Cambridge National Health Service Trust established by the Lifespan Health Care Cambridge National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked( 6 ).

(2) The North West Anglia Health Care National Health Service Trust established by the North West Anglia Health Care National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked( 7 ).