Citation, commencement and interpretation

1.-(1) This Order may be cited as the Herefordshire Primary Care Trust (Establishment) Order 2000 and shall come into force on 14th July 2000.

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

"the Act" means the National Health Service Act 1977;

"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 Act and any service which he has a duty to provide under section 5(1) or (1A) of that Act(3);

"establishment date" means the date of coming into force of this Order;

"Executive Committee" has the meaning given in regulation 1(2) of the Membership Regulations;

"member", "officer member" and "non-officer member" have the meanings given in regulation 1(2) of the Membership Regulations;

"Membership Regulations" means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(4);

"operational date" is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;

"preparatory period" is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;

"the trust" means the Herefordshire Primary Care Trust established by article 2 of this Order.

Establishment and name of the Primary Care Trust

2. There is hereby established a Primary Care Trust which is to be called the Herefordshire Primary Care Trust.

Area of the trust

3. The trust shall be established for the area specified in the Schedule to this Order.

Members of the trust

4.-(1) The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.

(2) The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.

(3) The officer members(5) shall comprise-

(a)the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;

(b)the person who for the time being holds the post of chairman of the Executive Committee of the trust;

(c)2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.

Operational date of the trust

5. The trust's operational date shall be 1st October 2000.

Limitations on the exercise of functions by the trust during the preparatory period

6. During the preparatory period the exercise of functions by the trust shall be limited to the following-

(a)entering into NHS contracts;

(b)entering into other contracts including contracts of employment; and

(c)doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.

Assistance during the preparatory period

7.-(1) The Herefordshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.

(2) The liabilities referred to in the preceding paragraph are-

(a)liability for the remuneration and travelling or other allowances of the chairman and members 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 members of the trust;

(c)liability for the remuneration of officers of the trust; and

(d)any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.

(3) The Herefordshire Health Authority shall make available to the trust during the preparatory period-

(a)premises and other facilities of the authority; and

(b)officers of the authority.

(4) The Herefordshire Community Health National Health Service Trust shall make available to the trust during the preparatory period-

(a)premises and other facilities of the NHS trust; and

(b)staff of the NHS trust.

Exercise of functions

8. In exercising the functions conferred on it under section 17A(1) of the Act(6) the trust shall not provide services directly to patients, other than community health services.

Article 3

SCHEDULEAREA OF TRUST

The County of Herefordshire.

Explanatory Note

(This note is not part of the Order)

This Order establishes the Herefordshire Primary Care Trust ("the trust"), as provided for under section 16A of the National Health Service Act 1977. It specifies the area for which the trust is established (article 3), its operational date (article 5) and limitations on the exercise of its functions during its preparatory period (article 6). It makes provision for the membership of the trust (article 4) and for assistance to the trust during its preparatory period (article 7). It also contains a restriction on the exercise of functions by the trust (article 8).

The trust is established to carry out functions previously exercised by the Herefordshire Community Health National Health Service Trust and that National Health Service trust is to be dissolved by the Herefordshire Community National Health Service Trust (Dissolution) Order 2000(7).