|
| |
|
section 4) unless the NHS trust is approved for the purpose of this paragraph |
| |
by the Secretary of State. |
| |
| |
(a) | must be for a period specified in the approval, |
| |
(b) | may be given subject to conditions, and |
| 5 |
(c) | may be amended or revoked at any time. |
| |
| |
16 | An NHS trust may undertake and commission research and make available |
| |
staff and provide facilities for research by other persons. |
| |
| 10 |
| |
(a) | provide training for persons employed or likely to be employed by |
| |
the NHS trust or otherwise in the provision of services under this |
| |
| |
(b) | make facilities and staff available in connection with training by a |
| 15 |
university or any other body providing training in connection with |
| |
| |
Joint exercise of functions |
| |
18 | An NHS trust may enter into arrangements for the carrying out, on such |
| |
terms as the NHS trust considers appropriate, of any of its functions jointly |
| 20 |
with any Strategic Health Authority, Primary Care Trust, Special Health |
| |
Authority, Local Health Board or other NHS trust, or any other body or |
| |
| |
Payment for accommodation or services |
| |
19 (1) | According to the nature of its functions, an NHS trust may make |
| 25 |
accommodation or services available for patients who give undertakings (or |
| |
for whom undertakings are given) to pay any charges imposed by the NHS |
| |
trust in respect of the accommodation or services. |
| |
(2) | An NHS trust may exercise the power conferred by sub-paragraph (1) |
| |
| 30 |
(a) | to the extent that its exercise does not to any significant extent |
| |
interfere with the performance by the NHS trust of its functions or of |
| |
its obligations under NHS contracts, and |
| |
(b) | in circumstances specified in directions under section 8, with the |
| |
Secretary of State’s consent. |
| 35 |
| |
20 (1) | For the purpose of making additional income available in order better to |
| |
perform its functions, an NHS trust has the powers specified in section 7(2) |
| |
of the Health and Medicines Act 1988 (c. 49) (extension of powers of |
| |
Secretary of State for financing the health service). |
| 40 |
(2) | The power conferred by sub-paragraph (1) may be exercised only— |
| |
|
| |
|
| |
|
(a) | to the extent that its exercise does not to any significant extent |
| |
interfere with the performance by the NHS trust of its functions or of |
| |
its obligations under NHS contracts, and |
| |
(b) | in circumstances specified in directions under section 8, with the |
| |
consent of the Secretary of State. |
| 5 |
Provision of accommodation and services outside England and Wales |
| |
21 | An NHS Trust may arrange for the provision of accommodation and |
| |
services outside England and Wales. |
| |
Conferral of further powers by order |
| |
22 | The Secretary of State may by order confer specific powers on NHS trusts, |
| 10 |
further to those provided for by paragraphs 15 to 21. |
| |
Powers of NHS trusts to enter into externally financed development agreements |
| |
23 (1) | The powers of an NHS trust include power to enter into externally financed |
| |
| |
(2) | For the purposes of this paragraph, an agreement is an externally financed |
| 15 |
development agreement if it is certified as such in writing by the Secretary |
| |
| |
(3) | The Secretary of State may give a certificate under this paragraph if— |
| |
(a) | in his opinion the purpose or main purpose of the agreement is the |
| |
provision of facilities or services in connection with the discharge by |
| 20 |
the NHS trust of any of its functions, and |
| |
(b) | a person proposes to make a loan to, or provide any other form of |
| |
finance for, another party in connection with the agreement. |
| |
(4) | If an NHS trust enters into an externally financed development agreement it |
| |
may also, in connection with that agreement, enter into an agreement with a |
| 25 |
person who falls within sub-paragraph (3)(b) in relation to the externally |
| |
financed development agreement. |
| |
(5) | “Another party” means any party to the agreement other than the NHS trust. |
| |
(6) | The fact that an agreement made by an NHS trust has not been certified |
| |
under this paragraph does not affect its validity. |
| 30 |
Agreements under section 92 or 107 |
| |
24 | An NHS trust may provide services under an agreement made under section |
| |
92 (primary medical services) or section 107 (primary dental services) and |
| |
may do so as a member of a qualifying body (within the meaning given by |
| |
section 93 or section 108). |
| 35 |
| |
25 (1) | An NHS trust may employ such staff as it considers appropriate. |
| |
| |
(a) | pay its staff such remuneration and allowances, and |
| |
(b) | employ them on such other terms and conditions, |
| 40 |
|
| |
|
| |
|
| as it considers appropriate. |
| |
| |
(a) | in exercising its powers under sub-paragraph (2), and |
| |
(b) | otherwise in connection with the employment of its staff, |
| |
| act in accordance with regulations and any directions given by the Secretary |
| 5 |
| |
(4) | Before making any regulations under sub-paragraph (3), the Secretary of |
| |
State must consult such bodies as he may recognise as representing persons |
| |
who, in his opinion, are likely to be affected by the regulations. |
| |
| 10 |
26 (1) | An NHS trust may, for or in respect of such of its employees as it may |
| |
determine, make arrangements for providing pensions, allowances or |
| |
| |
(2) | Such arrangements may include the establishment and administration, by |
| |
the NHS trust or otherwise, of one or more pension schemes. |
| 15 |
(3) | The reference in sub-paragraph (1) to pensions, allowances or gratuities to |
| |
or in respect of employees of an NHS trust includes a reference to pensions, |
| |
allowances or gratuities by way of compensation to or in respect of any of |
| |
the NHS trust’s employees who suffer loss of office or employment or loss |
| |
or diminution of emoluments. |
| 20 |
(4) | This paragraph does not affect the generality of paragraphs 14 and 25. |
| |
| |
27 (1) | An NHS trust may be authorised to purchase land compulsorily for the |
| |
purposes of its functions by means of an order made by the NHS trust and |
| |
confirmed by the Secretary of State. |
| 25 |
(2) | Subject to sub-paragraph (3), the Acquisition of Land Act 1981 (c. 67) applies |
| |
to the compulsory purchase of land under this paragraph. |
| |
(3) | No order may be made by an NHS trust under Part 2 of the Acquisition of |
| |
Land Act 1981 with respect to any land unless the proposal to acquire the |
| |
| 30 |
(a) | has been submitted to the Secretary of State in such form and |
| |
together with such information as he may require, and |
| |
(b) | has been approved by him. |
| |
| |
| 35 |
28 (1) | The Secretary of State may by order dissolve an NHS trust. |
| |
(2) | An order under this paragraph may be made— |
| |
(a) | on the application of the NHS trust concerned, or |
| |
(b) | if the Secretary of State considers it appropriate in the interests of the |
| |
| 40 |
|
| |
|
| |
|
(3) | Except where it appears to the Secretary of State necessary to make an order |
| |
under this paragraph as a matter of urgency, no such order may be made |
| |
until after the completion of such consultation as may be prescribed. |
| |
29 (1) | If an NHS trust is dissolved under paragraph 28, the Secretary of State may |
| |
by order transfer, or provide for the transfer, to himself or an NHS body of |
| 5 |
such of the property and liabilities of the NHS trust which is dissolved as in |
| |
his opinion is appropriate; and any such order may include provisions |
| |
corresponding to those of paragraph 9. |
| |
(2) | The liabilities which may be transferred by virtue of sub-paragraph (1) to an |
| |
NHS body include criminal liabilities. |
| 10 |
(3) | An order under this paragraph may make provision in connection with the |
| |
transfer of staff employed by or for the purposes of the NHS trust which is |
| |
dissolved; and such an order may include provisions corresponding to those |
| |
of paragraph 8, including provision for the making of a scheme by such |
| |
Strategic Health Authority, Special Health Authority, Local Health Board or |
| 15 |
other body as may be specified in the order. |
| |
(4) | No order may be made under this paragraph until after completion of such |
| |
consultation as may be prescribed. |
| |
30 (1) | If an NHS trust is dissolved under paragraph 28, the Secretary of State or |
| |
such other NHS trust, Strategic Health Authority, Primary Care Trust, |
| 20 |
Special Health Authority or Local Health Board as he may direct must |
| |
undertake the responsibility for the continued payment of any such pension, |
| |
allowances or gratuities as, by virtue of paragraph 11(2) or paragraph 26, |
| |
would otherwise have been the responsibility of the NHS trust which has |
| |
| 25 |
(2) | Sub-paragraph (1) does not affect the generality of paragraph 29. |
| |
31 | An NHS trust may not be dissolved or wound up except in accordance with |
| |
paragraph 28 or section 57. |
| |
| |
| 30 |
Use and development of consecrated land and burial grounds |
| |
32 | Section 128 of the Town and Country Planning Act 1971 (c. 78) (use and |
| |
development of consecrated land and burial grounds) applies to consecrated |
| |
land and land comprised in a burial ground, within the meaning of that |
| |
section, which an NHS trust holds for any of its purposes as if— |
| 35 |
(a) | that land had been acquired by the NHS trust as mentioned in |
| |
subsection (1) of that section, and |
| |
(b) | the NHS trust were a statutory undertaker, within the meaning of |
| |
| |
| 40 |
33 (1) | The fixing of the seal of an NHS trust must be authenticated by the |
| |
| |
(a) | of the chairman or of some other person authorised (whether |
| |
generally or specifically) by the NHS trust for that purpose, and |
| |
|
| |
|
| |
|
(b) | of one other director. |
| |
(2) | A document purporting to be duly executed under the seal of an NHS trust |
| |
must be received in evidence and must, unless the contrary is proved, be |
| |
| |
(3) | A document purporting to be signed on behalf of an NHS trust must be |
| 5 |
received in evidence and must, unless the contrary is proved, be taken to be |
| |
| |
| |
| |
“provide” includes manage, |
| 10 |
“operational date” has the meaning given by paragraph 5(5). |
| |
| |
| |
Financial provision about NHS trusts established under section 25 |
| |
Originating capital of NHS trusts |
| |
1 (1) | Each NHS trust has an originating capital of an amount specified in an order |
| 15 |
made by the Secretary of State. |
| |
(2) | The originating capital of an NHS trust is an amount representing the excess |
| |
of the valuation of its assets over the amounts of its liabilities. |
| |
(3) | In determining the originating capital of an NHS trust, there must be left out |
| |
of account such assets or liabilities as are, or are of a class, determined for the |
| 20 |
purposes of this paragraph by the Secretary of State with the consent of the |
| |
| |
(4) | An NHS trust’s originating capital is deemed to have been issued out of |
| |
moneys provided by Parliament and is an asset of the Consolidated Fund. |
| |
(5) | An NHS trust’s originating capital is public dividend capital. |
| 25 |
(6) | With the consent of the Treasury, the Secretary of State may determine— |
| |
(a) | the dividend which is payable at any time on any public dividend |
| |
capital issued, or treated as issued, to an NHS trust under this Act, |
| |
(b) | the amount of any such public dividend capital which must be |
| |
| 30 |
(c) | any other terms on which any public dividend capital is so issued, or |
| |
| |
(7) | An order under sub-paragraph (1) may be made only with the consent of the |
| |
| |
| 35 |
“assets” means the assets which, on or in connection with the |
| |
establishment of the NHS trust, are or will be transferred to it |
| |
(whether before, on or after its operational date), and |
| |
“liabilities” means the liabilities which are or will be so transferred. |
| |
|
| |
|
| |
|
Financial obligations of NHS trusts |
| |
2 (1) | Each NHS trust must ensure that its revenue is not less than sufficient, |
| |
taking one financial year with another, to meet outgoings properly |
| |
chargeable to revenue account. |
| |
(2) | Each NHS trust must achieve such financial objectives as may from time to |
| 5 |
time be set by the Secretary of State with the consent of the Treasury and as |
| |
| |
(3) | Any such objectives may be made applicable to NHS trusts generally, or to |
| |
a particular NHS trust or to NHS trusts of a particular description. |
| |
| 10 |
3 (1) | For the purpose of its functions an NHS trust may borrow (both temporarily, |
| |
by way of overdraft, and longer term) from the Secretary of State or from any |
| |
| |
(2) | Sub-paragraph (1) is subject to any direction given by the Secretary of State |
| |
under section 8, to the provisions of this paragraph and to any limit imposed |
| 15 |
| |
(3) | An NHS trust may not mortgage or charge any of its assets or in any other |
| |
way use any of its assets as security for a loan. |
| |
(4) | The Secretary of State must determine the terms of any loan made by him to |
| |
an NHS trust (including terms as to the payment of interest, if any). |
| 20 |
| |
4 (1) | The Secretary of State may guarantee, in such manner and on such |
| |
conditions as, with the approval of the Treasury, he considers appropriate, |
| |
the repayments of the principal of, and the payment of interest on, any sums |
| |
which an NHS trust borrows from a person other than the Secretary of State. |
| 25 |
(2) | Immediately after a guarantee is given under this paragraph, the Secretary |
| |
of State must lay a statement of the guarantee before each House of |
| |
| |
(3) | Where any sum is issued for fulfilling a guarantee so given, the Secretary of |
| |
State must lay before each House of Parliament a statement relating to that |
| 30 |
sum as soon as possible after the end of each financial year beginning with |
| |
that in which the sum is issued and ending with that in which all liability in |
| |
respect of the principal of the sum and in respect of interest on it is finally |
| |
| |
(4) | If any sums are issued in fulfilment of a guarantee given under this |
| 35 |
paragraph, the NHS trust concerned must make to the Secretary of State, at |
| |
such times and in such manner as the Secretary of State may from time to |
| |
| |
(a) | payments of such amounts as the Secretary of State with the consent |
| |
of the Treasury so directs in or towards repayment of the sums so |
| 40 |
| |
(b) | payments of interest, at such rates as the Secretary of State with the |
| |
consent of the Treasury so directs, on what is outstanding for the |
| |
time being in respect of sums so issued. |
| |
|
| |
|
| |
|
| |
5 | The aggregate of all sums borrowed by NHS trusts which are required to |
| |
provide or manage services at or from hospitals or other establishments or |
| |
facilities which are situated in England must not exceed £5,000 million or |
| |
such other sum not exceeding £10,000 million as may be specified by order |
| 5 |
made by the Secretary of State with the consent of the Treasury. |
| |
Additional public dividend capital |
| |
6 | The Secretary of State may, with the consent of the Treasury, instead of |
| |
making a loan to an NHS trust under paragraph 3, pay an amount to the |
| |
NHS trust as public dividend capital. |
| 10 |
| |
7 (1) | The Secretary of State may make a payment to an NHS trust. |
| |
(2) | The payment may be subject to such conditions as he considers appropriate, |
| |
including conditions as to repayment. |
| |
| 15 |
8 | If it appears to the Secretary of State that any sum held by an NHS trust |
| |
otherwise than as trustee is surplus to its foreseeable requirements, the trust |
| |
must, if the Secretary of State with the approval of the Treasury and after |
| |
consultation with the trust so directs, pay that sum into the Consolidated |
| |
| 20 |
| |
9 (1) | An NHS trust has power to invest money held by it in any investments, |
| |
including investments which do not produce income, specified in directions |
| |
| |
(2) | Sub-paragraph (1) does not apply in relation to money held by an NHS trust |
| 25 |
| |
10 | Any direction under section 8 with respect to— |
| |
(a) | the power conferred on an NHS trust by paragraph 3, or |
| |
(b) | the maximum amount which an NHS trust may invest in any |
| |
investments or class of investments, |
| 30 |
| may be given only with the consent of the Treasury. |
| |
| |
| |
Special Health Authorities established under section 28 |
| |
| |
1 | Each Special Health Authority is a body corporate. |
| 35 |
|
| |
|