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The Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013

S.I. 2013/531 · Made 7 March 2013 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 6 November 2023.

National Health Service, England

Made 7th March 2013

Coming into force 22nd March 2013

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 25(1) and 272(7) of, and paragraphs 5 and 7 of Schedule 4 to, the National Health Service Act 2006f1.

The Secretary of State for Health makes this Order following the completion of the consultation prescribed under section 25(3) of the National Health Service Act 2006f2.

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. Paragraphs 5 and 7 of Schedule 4 to the 2006 Act are amended by paragraph 22(2) and (4) of Schedule 4 to the 2012 Act but these provisions are not yet in force.

f2

See S.I. 2010/743.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Establishment and name of the trust
  3. 3Nature and functions of the trust
  4. 4Directors of the trust
  5. 5Accounting date of the trust
  6. 6Limited functions before operational date Repealed
  7. 7Assistance by Strategic Health Authority before operational date Repealed
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013 and comes into force on 22nd March 2013.

(2)

In this Order—

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

  • “community health services” means any services—

    1. (a)

      whose provision must be arranged by F1an integrated care board under F2section 3(1)(g) or (i) of the Actf1;

    2. (b)

      which are of a kind mentioned in F3section 3(1)(g) or (i) of the Act, but—

      1. (i)

        whose provision must be arranged by F4NHS England under regulations made under section 3B of the Actf2; or

      2. (ii)

        which may be provided by the Secretary of State or a local authority under section 2B of the Actf3;

    3. (c)

      which a local authority must provide under paragraph 1 of Schedule 1 to the Actf4;

    4. (d)

      which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the Actf5; or

    5. (e)

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

  • “establishment date” means 22nd March 2013;

  • F5...

  • “the trust” means the National Health Service trust established by article 2.

2Establishment and name of the trustI1

There is established a National Health Service trust which is called the Gloucestershire Care Services National Health Service Trust.

3Nature and functions of the trustI1

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.

4Directors of the trustI1

(1)

The trust shall have, in addition to the chair, F15 executive directors and F26 non-executive directors.

(2)

If the Secretary of State suspends the chair, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.

5Accounting date of the trustF1I1

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

6Limited functions before operational dateF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Assistance by Strategic Health Authority before operational dateF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

7th March 2013

Explanatory note

(This note is not part of the Order)

This Order establishes on 22nd March 2013 a National Health Service trust called the Gloucestershire Care Services National Health Service Trust (“the trust”).

The Order sets out the functions of the trust (article 3) and the number of executive and non-executive directors of the trust (article 4). It also sets out the operational date (the date on which the trust assumes all its functions), the accounting date of the trust (article 5), the limited functions that the trust may carry out between its establishment and operational dates (article 6) and makes provision for assistance to be given by the South West Strategic Health Authority (article 7).