Statutory Instrument 1998 No. 2966

The Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust (Establishment) Order 1998

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© Crown Copyright 1998

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"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[4];

"establishment date" means 10th December 1998;

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

"the trust" means The Brent, Kensington & Chelsea and Westminster Mental Health 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 Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust.

Nature and functions of the trust
     3. 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 provide and manage pursuant to section 5(1)(b) of the Act Trust Headquarters, Ikea Tower, 255 North Circular Road, Brent Park, London NW10 0JQ, and associated hospitals, establishments and facilities, and from there to provide and manage hospital accommodation and services and to provide and manage community health services.

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 by virtue of paragraph 3(2)(a) 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 1999.

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

Limited functions before operational date
     6. Between the establishment date and the 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 things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.

Assistance by Health Authorities before operational date
     7.  - (1) The Kensington & Chelsea and Westminster Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.

    (2) 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.

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


Alan Milburn
Minister of State, Department of Health

30th November 1998

[2] Section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17); see S.I. 1996/653.back

[3] See section 5(6) of the National Health Service and Community Care Act 1990 (c. 19).back

[4] 1977 c. 49; section 5 was amended by and section 5(1A) inserted by the Health and Medicines Act 1988 (c. 49) section 10(1); Schedule 1 was amended by the Education Act 1980 (c. 20), Schedule 1, and the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 7.back

[5] S.I. 1998/2964.back