Citation, commencement and interpretation

1.  (1)  This Order may be cited as the London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) Order 2014.

(2) This Order comes into force-

(a)subject to sub-paragraph (b), on 24th September 2014 for this article, articles 2 to 4, 5(2) 6 and 7; and

(b)on 1st October 2014 for articles 5(1) and 8.

(3) In this Order-

"the 2006 Act" means the National Health Service Act 2006;

"community health services" means any services-

"operational date" has the meaning assigned to it in paragraph 5(5) of Schedule 4 to the 2006 Act;

"the trust" means the National Health Service trust established by article 2.

Establishment and name of the trust

2.  There is established a National Health Service trust which is called the London North West Healthcare National Health Service Trust.

Functions of the trust

3.  The trust's functions are to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.

Directors of the trust

4.  (1)  The trust must have, in addition to the chairman, 5 executive directors and 7 non-executive directors.

(2) Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(1)(d) of Schedule 4 to the 2006 Act, one of the non-executive directors must be appointed from the University of London.

(3) If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust must increase during the period of suspension by the number of persons so suspended.

Operational date and accounting date of the trust

5.  (1)  The operational date of the trust is 1st October 2014.

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

Limited functions prior to operational date

6.  During the period beginning on 24th September 2014 and ending immediately before the operational date, the trust has-

(a)the function of entering into NHS contracts(8);

(b)the function of entering into contracts other than NHS contracts including contracts of employment; and

(c)such other function as is necessary and expedient,

for the purposes of enabling it to begin to operate satisfactorily with effect from the operational date.

Discharge of liabilities prior to operational date

7.  (1)  The National Health Service Trust Development Authority ("the Authority")(9) must discharge the liabilities of the trust incurred during the period referred to in article 6 that are of a description specified in paragraph (2).

(2) The liabilities are-

(a)remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;

(b)travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;

(c)remuneration of persons employed by the trust; and

(d)such other liability incurred by the trust in connection with the functions specified in article 6 which the Authority considers reasonable, necessary and expedient.

Dissolution of NHS trusts and revocation

8.  (1)  The following NHS trusts are dissolved-

(a)The Ealing Hospital National Health Service Trust(10); and

(b)The North West London Hospitals National Health Service Trust(11).

(2) The following Orders are revoked-

(a)The Ealing Hospital National Health Service Trust (Establishment) Order 1991; and

(b)The North West London Hospitals National Health Service Trust (Establishment) Order 1999.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes on 24th September 2014 a National Health Service trust called the London North West Healthcare National Health Service Trust ("the trust").

The Order sets out the functions of the trust (article 3) and the number of executive and non-executive directors of the trust (article 4). It also sets out the operational date (the date on which the trust assumes all its functions) as 1st October 2014, the accounting date of the trust (article 5), the limited functions that the trust may carry out during the period beginning on 24th September 2014 and the operational date (articles 2 and 6) and makes provision for the discharge of liabilities during that period by the National Health Service Trust Development Authority (article 7).

Article 8 provides for the dissolution on 1st October 2014 of the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust and accordingly revokes the Ealing Hospital National Health Service Trust (Establishment) Order 1991 and the North West London Hospitals National Health Service Trust (Establishment) Order 1999.