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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2001/20014127.html

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STATUTORY INSTRUMENTS

2001 No. 4127

NATIONAL HEALTH SERVICE, ENGLAND

The Suffolk West Primary Care Trust (Establishment) Order 2001

  Made 17th December 2001 
  Coming into force 1st January 2002 

The Secretary of State for Health, in the exercise of the powers conferred on him by sections 16A(1), (2) and (3) and 126(4) of, and paragraphs 1 and 2 of Schedule 5A to, the National Health Service Act 1977[1] and of all other powers enabling him in that behalf, following compliance with the consultation requirements contained in regulations made under section 16A(5) of the Act[2], hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Suffolk West Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.

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

Establishment, operational date and name of the Primary Care Trust
     2.  - (1) There is hereby established with effect from 1st January 2002 a Primary Care Trust to be called the Suffolk West Primary Care Trust.

    (2) The operational date of the trust shall be 1st April 2002.

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[4] shall comprise - 

Limitations on the exercise of functions by the trust during the preparatory period
     5. During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including - 

Assistance during the preparatory period
     6.  - (1) The Suffolk Health Authority ("the Authority") shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including - 

    (2) The Authority shall make available to the trust during the preparatory period - 

    (3) The Local Health Partnerships National Health Service Trust shall make available to the trust during the preparatory period - 

    (4) The Lifespan National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.



Signed by authority of the Secretary of State


Hunt
Parliamentary Under Secretary of State, Department of Health

17th December 2001



SCHEDULE
Article 3


AREA OF TRUST


In the district council of Forest Health - 

In the borough council of St Edmundsbury - 

In the district council of Babergh - 

In the district council of Mid Suffolk - 


EXPLANATORY NOTE

(This note is not part of the Order)


This Order establishes the Suffolk West Primary Care Trust ("the trust"), as provided for under section 16A of the National Health Service Act 1977. It specifies the trust's establishment and operational dates (article 2), the area for which it is established (article 3 and the Schedule), its membership (article 4), and limitations on the exercise of its functions during its preparatory period (article 5). It also makes provision for assistance to the trust during its preparatory period (article 6).

Notes:

 [1] 1977 c. 49; section 16A was inserted by the Health Act 1999 (c. 8) ("the 1999 Act"), section 2(1); section 126(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), section 65(2) and by the 1999 Act, Schedule 4, paragraph 37(6); Schedule 5A was inserted by the 1999 Act, Schedule 1. The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of, and the entry for the National Health Service Act 1977 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the 1999 Act.back

[2] See S.I. 1999/2337.back

[3] S.I. 2000/89.back

[4] See regulation 2(4) to 2(11) of the Membership Regulations.back


ISBN 0 11 039167 5


 © Crown copyright 2001

Prepared 18 January 2002

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