HEALTH AND PERSONAL SOCIAL SERVICES Citation, commencement and interpretation 1 1 This order may be cited as the Sperrin Lakeland Health and Social Services Trust (Establishment) Order (Northern Ireland) 1996 and shall come into operation on 25th March 1996. 2 In this order— “ the Order ” means the Health and Personal Social Services (Northern Ireland) Order 1991; “establishment date” means 25th March 1996; “operational area” has the meaning assigned to it by paragraph 3A of Schedule 3 to the Order; “operational date” has the meaning assigned to it by paragraph 3(1)( e ) of Schedule 3 to the Order; “relevant functions” has the meaning assigned to it by Article 3(2) of the Health and Personal Social Services (Northern Ireland) Order 1994 ; “the trust” means the Sperrin Lakeland Health and Social Services Trust established by Article 2. Establishment of the trust 2 There is hereby established an HSS trust which shall be called the Sperrin Lakeland Health and Social Services Trust. Nature and functions of the trust 3 1 The trust is established for the purposes specified in Article 10(1) of the Order. 2 The trust’s functions (which include functions which the Department considers appropriate in relation to the provision of services by the trust for one or more relevant bodies) shall be— a to own and manage hospital accommodation and services provided at Erne Hospital, Cornagrade Road, Enniskillen, Co. Fermanagh BT74 6AY, Tyrone and Fermanagh Hospital, 1 Donaghanie Road, Omagh, Co. Tyrone BT79 0NS, Tyrone County Hospital, Hospital Road, Omagh, Co. Tyrone BT79 0AP, Omagh General Hospital, Woodside Avenue, Omagh, Co. Tyrone BT79 7BU, Derg Valley Hospital, 35 Lurganbuoy Road, Castlederg, Co. Tyrone BT81 7HT and associated premises; b to manage community-based health and personal social services provided from Sperrin Lakeland Unit, 15 Elliott Place, Enniskillen, Co. Fermanagh BT74 7HQ and to own those and any associated premises; and c to exercise, on behalf of Health and Social Services Boards, such relevant functions as are so exercisable by the trust by virtue of authorisations for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994. Operational area of the trust 4 The operational area of the trust shall be— a for the purposes of the statutory provisions specified in Part I of the Schedule, the local government districts of Fermanagh, Omagh and the following wards in the local government district of Strabane, that is to say Castlederg, Clare, the following townlands in the ward of Finn, that is to say Ballyfolliard, Creevy Lower, Creevy Upper, Dunrevan, Erganagh, Inisclan, Listymore, Lurganboy, Priestsessagh, Tullydoortans and Tullywhisker, the wards of Glenderg, Newtownstewart, Plumbridge (with the exception of the following townlands, that is to say Ballykerry and Meendamph) and the following townlands in the ward of Victoria Bridge, that is to say Ardstraw, Beagh, Brocklis, Carnkenny, Clady Blair, Clady Haliday, Fyfin, Glenglush, Kileen, Kilstrull, Kinkit, Knockiniller, Knockroe, Ligfordrum, Miltown, Skinboy, Stonewalls, Stoneyfalls, Tievenny and Urbalreagh; b for the purposes of the statutory provisions specified in Part II of the Schedule, Northern Ireland. Directors of the trust 5 The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors. Operational date of the trust 6 The operational date of the trust shall be 1st April 1996. Limited functions before operational date 7 Between its establishment and operational date, the trust shall have the limited functions of— a entering into HSS contracts; b entering into other contracts including contracts of employment; and c doing such other things as are reasonably necessary, for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date. Assistance by a relevant body before operational date 8 1 The Western Health and Social Services Board 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 Western Health and Social Services Board 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). 3 The liabilities referred to in paragraph (2) 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 liability for the remuneration of persons employed by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date. 4 The relevant body specified for the purposes of paragraph 3(1)( f ) of Schedule 3 to the Order (relevant body which is to make the scheme under Article 11 of the Order for the transfer of staff) in relation to the trust shall be the Western Health and Social Services Board. Restriction on disposal of assets 9 The sum specified for the purposes of paragraph 6(2)( d ) of Schedule 3 to the Order (maximum value of freely disposable assets) in relation to the trust shall be £500,000. Sealed with the Official Seal of the Department of Health and Social Services on John McGrath Assistant Secretary 22nd March 1996