Statutory Instrument 2001 No. 717

The Calderdale and Huddersfield National Health Service Trust (Establishment) Order 2001

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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[3];

"establishment date" means 12th March 2001;

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

"the trust" means the Calderdale and Huddersfield National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust
     2. There is hereby established an NHS trust which shall be called the Calderdale and Huddersfield National Health Service Trust.

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

    (2) The trust's functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from:

(i) The Calderdale Royal Hospital, Salterhebble, Halifax HX3 0PW;

(ii) Holme Valley Memorial Hospital, Huddersfield Road, Holmfirth HD3 3TS;

(iii) Huddersfield Royal Infirmary, Acre Street, Lindley, Huddersfield HD3 3EA;

(iv) Princess Royal Community Health Centre, Greenhead Road, Huddersfield HD1 4EW;

(v) St Luke's Hospital, Blackmoorfoot Road, Crosland Moor, Huddersfield HD4 5RQ,

and at or from associated hospitals, establishments or facilities in the area of Calderdale and Huddersfield.

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

Operational date and accounting date of the trust
     5.  - (1) The operational date of the trust shall be 1st April 2001.

    (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) Calderdale and Kirklees Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and 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 the operational date.

Signed by authority of the Secretary of State for Health


John Hutton
Minister of State, Department of Health

1st March 2001

[2] See S.I. 1996/653.back

[3] 1977 c. 49; section 5(1) was amended by, and section 5(1A) was inserted by, section 10(1) of the Health and Medicines Act 1988 (c. 49) ("the 1988 Act"); Schedule 1 was amended by Schedule 12 to the Education Reform Act 1988 (c. 40), by paragraph 7 of Schedule 2 to the 1988 Act and by paragraph 46 of Schedule 37 to the Education Act 1996 (c. 56).back

[4] S.I. 2001/716.back