Statutory Instrument 1994 No. 401

The Royal Marsden National Health Service Trust (Establishment) Order 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Royal Marsden National Health Service Trust (Establishment) Order 1994, ISBN 0110434013. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 401

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Royal Marsden National Health Service Trust (Establishment) Order 1994

The Secretary of State for Health, in exercise of powers conferred on her by section 5(1) of, and paragraphs 1, 3, 4, 5 and 6(2)(d) of Schedule 2 to, the National Health Service and Community Care Act 1990^[1] and of all other powers enabling her in that behalf, having directed the relevant Regional Health Authority, as defined in section 5(4) of that Act, to consult the persons or bodies referred to in section 5(2) of that Act and having received and considered the results of that consultation, hereby makes the following Order:

Citation, commencement and interpretation.
    1.—(1)  This Order may be cited as the Royal Marsden National Health Service Trust (Establishment) Order 1994 and shall come into force on 21st March 1994.

    (2)  In this Order unless the context otherwise requires—

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


"establishment date" means 21st March 1994;


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


"the trust" means the Royal Marsden 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 Royal Marsden National Health Service Trust.

Nature and functions of the trust.
    3.—(1)  The trust is established for the purpose specified in section 5(1)(a) of the Act.

    (2)  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 to own and manage hospital accommodation and services provided at Royal Marsden Hospital, Fulham Road, London SW3 6JJ and associated hospitals (including the management of its teaching and research facilities).

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

    (2)  Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of London.

Operational date and accounting date of the trust.
    5.—(1)  The operational date of the trust shall be 1st April 1994.

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

Limited functions before operational date
    6.    Between its establishment date and its operational date the trust shall have the functions—
 (a) of entering into NHS contracts;
 (b) of entering into other contracts, including contracts of employment; and
 (c) of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.

Assistance by health authorities before operational date
    7.—(1)  The Board of Governors of the Royal Marsden Hospital shall—
 (a) until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
 (b) make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.

    (2)  The Board of Governors of the Royal Marsden Hospital shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.

    (3)  The liabilities referred to in the preceding paragraph are—
 (a) liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
 (c) liability for the remuneration of persons employed by 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.

    (4)  The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Board of Governors of the Royal Marsden Hospital.

Restriction on disposal of assets
    8.    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

Tom Sackville

Parliamentary Under Secretary of State
Department of Health

23rd February 1994

This Order establishes the Royal Marsden 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 both before (article 6) and after (article 3) its operational date (the date on which it assumes all its functions). It specifies the operational date and the accounting date of the trust (article 5) and makes provision for assistance to the trust by health authorities before its operational date (article 7). It specifies the value of assets in excess of which the Secretary of State is to consider the disposal of the asset (article 8).

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