NATIONAL HEALTH SERVICE, ENGLAND Citation, commencement and interpretation 1 1 This Order may be cited as the Oldbury and Smethwick Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002. 2 In this Order, unless the context otherwise requires— “the Act” means the National Health Service Act 1977; “Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ; “member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations; “Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ; “operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act; “preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act; “the trust” means the Oldbury and Smethwick Primary Care Trust established by article 2 of this Order. Establishment, operational date and name of the Primary Care Trust 2 1 There is hereby established with effect from 20th March 2002 a Primary Care Trust to be called the Oldbury and Smethwick Primary Care Trust. 2 The operational date of the trust shall be 1st April 2002. Area of the trust 3 The trust shall be established for the area specified in the Schedule to this Order. Members of the trust 4 1 The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members. 2 The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations. 3 The officer members shall comprise— a the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust; b the person who for the time being holds the post of chairman of the Executive Committee of the trust; c 2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust. Limitations on the exercise of functions by the trust during the preparatory period 5 During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including— a entering into NHS contracts; and b entering into other contracts including contracts of employment. Assistance during the preparatory period 6 1 The Sandwell Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including— a liability for the remuneration and travelling or other allowances of the chairman and members 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 members of the trust; c liability for the remuneration of officers of the trust. 2 The Authority shall make available to the trust during the preparatory period— a premises and other facilities of the Authority; and b officers of the Authority. 3 The Sandwell Healthcare National Health Service Trust shall make available to the trust during the preparatory period— a premises and other facilities of the NHS trust; and b staff of the NHS trust. 4 The Birmingham Specialist Community National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period. Signed by authority of the Secretary of State Yvette Cooper Parliamentary Under Secretary of State, Department of Health 10th March 2002