Statutory Instrument 1998 No. 837

The Leeds Teaching Hospitals National Health Service Trust (Establishment) Order 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 837

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Leeds Teaching Hospitals National Health Service Trust (Establishment) Order 1998

	Made	18th March 1998
	Coming into force	1st April 1998

The Secretary of State for Health, in exercise of the powers conferred on him by section 5(1) of, and paragraphs 1, 3, and 6(2)(d) of Schedule 2 to, the National Health Service and Community Care Act 1990[1] and of all other powers enabling him in that behalf, having completed the consultation prescribed by section 5(2) of that Act[2], and considering it appropriate to include, among the functions of the NHS trust established by this Order, certain functions in relation to the provision of services by the trust for Health Authorities or Special Health Authorities[3], hereby makes the following Order:

Citation, commencement and interpretation
    1. - (1) This Order may be cited as the Leeds Teaching Hospitals National Health Service Trust (Establishment) Order 1998 and shall come into force on 1st April 1998.

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

"the Act" means the National Health Service and Community Care Act 1990;

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

"the trust" means the Leeds Teaching Hospitals National Health Service Trust established by article 2 of this Order.

Establishment of the trust
    2.There is hereby established an NHS trust which shall be called the Leeds Teaching Hospitals National Health Service Trust.

Nature and functions of the trust
    3.The trust's functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be - 

(a) to own and manage pursuant to section 5(1)(a) of the Act hospitals or other establishments or facilities in the area of Leeds Health Authority, and there to provide hospital accommodation and services (including teaching and research facilities); and

(b) to provide and manage pursuant to section 5(1)(b) of the Act Leeds General Infirmary, Great George Street, Leeds LS1 3EX, St James' University Hospital, Beckett Street, Leeds LS9 7TF and other hospitals, establishments and facilities in the area of Leeds Health Authority, and there to provide hospital accommodation and services (including teaching and research facilities).

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

Significant teaching commitment
    5. - (1) The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act.

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

Operational date and accounting date of the trust
    6. - (1) The operational date of the trust shall be 1st April 1998.

    (2) The accounting date of the trust shall be 31st March.

Restriction on disposal of assets
    7.The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.



Signed by authority of the Secretary of State for Health


Alan Milburn
Minister of State Department of Health

18th March 1998

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes the Leeds Teaching Hospitals National Health Service Trust, an NHS trust provided for in section 5 of the National Health Service and Community Care Act 1990. It also provides for the functions of the trust (article 3). It specifies the number of executive and non-executive directors of the trust (article 4) and that one of the non-executive directors shall be appointed from the University of Leeds (article 5). It specifies the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5), and it specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the assets (article 6).

This Order should be read in conjunction with the United Leeds Teaching Hospitals National Health Service Trust (Dissolution) Order 1998[4] and the St. James and Seacroft University Hospitals National Health Service Trust (Dissolution) Order 1998[5].

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Notes:

[1] 1990 c.19; paragraph 1 of Schedule 2 is cited for the definition of "an order".back

[2] Section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c.17); see S.I. 1996/653.back

[3] See section 5(6) of the National Health Service and Community Care Act 1990 (c.19).back

[4] S.I. 1998/838.back

[5] S.I. 1998/839.back

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ISBN 0 11 065827 2

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