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The Coventry and Warwickshire Partnership National Health Service Trust (Establishment) Amendment Order 2014

S.I. 2014/360 · Made 17 February 2014

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

National Health Service, England

Made 17th February 2014

Coming into force 10th March 2014

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 25(1), 272(7) and (8) and 273(1) of the National Health Service Act 2006f1.

In accordance with section 25(3) of that Act, the prescribed consultation has been completedf2.

Annotations to the whole text

Footnotes

f1

2006 c.41. Section 179(2) of the Health and Social Care Act 2012 (c.7) (“the 2012 Act”) provides for the repeal of section 25 of the National Health Service Act 2006 (“the 2006 Act”), (subsection (4) of which gives Schedule 4 effect) but this provision is not yet in force.

f2

S.I. 2010/743, to which there are amendments not relevant to this Order. The prescribed consultation under regulation 2(2) is consultation by the Secretary of State with that NHS trust.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of article 1 of the Establishment Order
  3. 3Amendment of article 3 of the Establishment Order
  4. 4Amendment of article 4 of the Establishment Order
  5. 5Amendment of article 5 of the Establishment Order
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Coventry and Warwickshire Partnership National Health Service Trust (Establishment) Amendment Order 2014 and comes into force on 10th March 2014.

(2)

In this Order, “the Establishment Order” means the Coventry and Warwickshire Partnership National Health Service Trust (Establishment) Order 2006f1.

2Amendment of article 1 of the Establishment Order

In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2)—

(a)

for the definition of “the Act”, substitute—

  • ““the Act” means the National Health Service Act 2006;”;

(b)

for the definition of “community health services”, substitute—

  • ““community health services” means any services—

    1. (a)

      whose provision must be arranged by a clinical commissioning group under section 3(1)(d) or (e) of the Act;

    2. (b)

      which are of a kind mentioned in section 3(1)(d) or (e) of the Act, but—

      1. (i)

        whose provision must be arranged by the Board under regulations made under section 3B of the Act; or

      2. (ii)

        which may be provided by the Secretary of State or a local authority under section 2B of the Act;

    3. (c)

      which a local authority must provide under paragraph 1 of Schedule 1 to the Act;

    4. (d)

      which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the Act; or

    5. (e)

      which the Secretary of State must provide under paragraph 8 of Schedule 1 to the Act;”f1; and

(c)

omit the definition of “operational date”.

3Amendment of article 3 of the Establishment Order

In article 3 of the Establishment Order (nature and functions of the trust), in paragraph (1), for the words “section 5(1) of the Act” substitute “section 25(1) of the Act”.

4Amendment of article 4 of the Establishment Order

In article 4 of the Establishment Order (directors of the trust)—

(a)

in paragraph (1), for “5 non-executive directors” substitute “7 non-executive directors”; and

(b)

in paragraph (2), for “paragraph 3(1)(d) of Schedule 2” substitute “paragraph 5(1)(d) of Schedule 4”.

5Amendment of article 5 of the Establishment Order

For article 5 of the Establishment Order (operational date and accounting date of the trust) and the heading to that article, substitute—

“Accounting date of the trust

5.

The accounting date of the trust shall be 31st March.”.

Signature

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

17th February 2014

Explanatory note

(This note is not part of the Order)

This Order amends the Coventry and Warwickshire Partnership National Health Service Trust (Establishment) Order 2006, which established the Coventry and Warwickshire Partnership National Health Service Trust.

Article 2(a) and (b) respectively amends the definition of “the Act” to refer to the National Health Service Act 2006 as the National Health Service and Community Care Act 1990 (under which the original order was made) has been repealed and include a new definition of “community health services”.

Articles 2(c) and 5 omit the definition and specification of the trust’s “operational date” as the trust is already established.

Articles 3 and 4(b) update the legislative references under which trusts are established.

Article 4(a) increases the number of non-executive directors of the trust from 5 to 7. This is in addition to the chairman.