Statutory Instrument 1999 No. 2688

The Hull and East Riding Community Health National Health Service Trust (Establishment) Order 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 2688

NATIONAL HEALTH SERVICE, ENGLAND

The Hull and East Riding Community Health National Health Service Trust (Establishment) Order 1999

	Made	29th September 1999
	Coming into force	1st October 1999

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], hereby makes the following Order:

Citation, commencement and interpretation
    1. - (1) This Order may be cited as the Hull and East Riding Community Health National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st October 1999.

    (2) 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[3];

"the trust" means the Hull and East Riding Community Health National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust
    2.There is hereby established an NHS trust which shall be called the Hull and East Riding Community Health 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 community health services at or from - 

(i) Westwood Hospital, Beverley, East Yorkshire HU17 8BU,

(ii) Victoria House, Park Street, Hull, East Yorkshire HU2 8TD,

(iii) Hornsea Cottage Hospital, Eastgate, Hornsea, East Yorkshire HU18 1PL,

(iv) Withernsea Hospital, Queen Street, Withernsea, North Humberside HU19 2PZ, and

(v) Alfred Bean Hospital, Bridlington Road, Driffield, East Yorkshire YO25 7RJ,



and other hospitals, establishments or facilities for the purposes of the health service.

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

Operational date and accounting date of the trust
    5. - (1) The operational date[4] of the trust shall be 1st October 1999.

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

Restriction on disposal of assets
    6.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


John Hutton
Parliamentary Under Secretary of State, Department of Health

29th September 1999

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes the Hull and East Riding Community Health 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) and the number of executive and non-executive directors (article 4). 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 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 conjuction with the East Yorkshire Community Healthcare and the Hull and Holderness Community Health National Health Service Trusts (Dissolution) Order 1999[5].

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Notes:

[1] 1990 c. 19; section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and by the Health Act 1999 (c. 8) section 13; paragraph 1 of Schedule 2 is cited for the definition of "an order"; paragraph 3 of Schedule 2 to the 1990 Act was amended by the Health Act 1999 section 13(7); paragraph 6 to Schedule 2 was amended by the Health Act 1999 Schedule 4, paragraph 83(4).back

[2] See S.I. 1996/653.back

[3] 1977 c. 49; section 5(1) was amended by, and section 5(1A) was inserted by the Health and Medicines Act 1988 (c. 49), section 10(1); Schedule 1 was amended by the Education Reform Act 1988 (c. 40), Schedule 1, the Health and Medicines Act 1988 (c. 49) Schedule 2, paragraph 7 and the Education Act 1996 (c. 56) Schedule 37, paragraph 46.back

[4] See, for the definition of "operational date", paragraph 3(1)(e) of Schedule 2 to the 1990 Act.back

[5] S.I. 1999/2687.back

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ISBN 0 11 085333 4

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