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The St George’s Healthcare National Health Service Trust (Establishment) Amendment Order 2010

S.I. 2010/2467 · Made 7 October 2010

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 7th October 2010

Coming into force 1st November 2010

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, and paragraph 5 of Schedule 4 to, 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.

f2

See S.I. 2010/743.

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 5 of the Establishment Order
  5. 5Revocation of articles 6, 7 and 8 of the Establishment Order
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the St George’s Healthcare National Health Service Trust (Establishment) Amendment Order 2010 and shall come into force on 1st November 2010.

(2)

In this Order—

  • “the Establishment Order” means the St George’s Healthcare National Health Service Trust (Establishment) Order 1993f1;

  • “the trust” means the NHS trust established by the Establishment Order.

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)

insert the following definition for “community health services”—

  • ““community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7Af1 of that Schedule;”; and

(c)

omit the definition of “operational date”.

3Amendment of article 3 of the Establishment Order

For article 3 of the Establishment Order (nature and functions of the trust) substitute—

“Nature and functions of the trust

3.

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.”.

4Amendment of article 5 of the Establishment Order

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

“Accounting date of the trust

5.

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

5Revocation of articles 6, 7 and 8 of the Establishment Order

The following articles of the Establishment Order are revoked, insofar as they are still in force—

(a)

article 6 (limited functions before operational date);

(b)

article 7 (assistance by health authorities before operational date); and

(c)

article 8 (restriction on disposal of assets).

Signature

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

7th October 2010

Explanatory note

(This note is not part of the Order)

This Order amends the St George’s Healthcare National Health Service Trust (Establishment) Order 1993 (“the Establishment Order”), which established the St George’s Healthcare National Health Service Trust.

Article 3 sets out the nature and functions of the trust which are to provide hospital accommodation and services and community health services. It removes reference to section 5 of the National Health Service and Community Care Act 1990 (which has been repealed) and removes the reference to the particular establishments and facilities from which the trust carries out its functions.

Article 4 specifies the trust’s accounting date. It removes reference to the trust’s operational date as the trust has assumed all its functions.

Article 5 revokes articles 6, 7 and 8 of the Establishment Order, in so far as they are still in force. Articles 6 and 7 relate to the period before the operational date and are of no ongoing relevance. Article 8 specifies a sum for the purposes of a provision of the National Health Service and Community Care Act 1990 which has been repealed.