OpenLegislation

The Walsall Hospitals National Health Service Trust (Establishment) Amendment Order 2011

S.I. 2011/791 · Made 14 March 2011

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 14th March 2011

Coming into force 1st April 2011

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. 3Change of name of trust and transitional provision
  4. 4Substitution of article 3 of the Establishment Order
  5. 5Substitution of article 5 of the Establishment Order
  6. 6Revocation of articles 6, 7 and 8 of the Establishment Order
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Walsall Hospitals National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 1st April 2011.

(2)

In this Order—

  • “the Establishment Order” means the Walsall Hospitals National Health Service Trust (Establishment) Order 1990f1;

  • “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)

after the definition of “the Act”, insert—

  • ““community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(b), (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”.

3Change of name of trust and transitional provision

(1)

The trust shall be called the Walsall Healthcare National Health Service Trust instead of the Walsall Hospitals National Health Service Trust.

(2)

Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order (establishment of the trust), for “Hospitals” substitute “Healthcare”.

(3)

The change of name effected by paragraph (1) shall not—

(a)

affect any right or obligation of any person; or

(b)

be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,

and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.

4Substitution 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.”.

5Substitution of article 5 of the Establishment Order

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

“Accounting date of the trust

5.

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

6Revocation 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

14th March 2011

Explanatory note

(This note is not part of the Order)

This Order amends the Walsall Hospitals National Health Service Trust (Establishment) Order 1990 (“the Establishment Order”), which established the Walsall Hospitals National Health Service Trust.

Article 3 changes the name of the trust from Walsall Hospitals National Health Service Trust to Walsall Healthcare National Health Service Trust.

Article 4 sets out the nature and functions of the trust as being 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 5 specifies the trust’s accounting date. It removes reference to the trust’s operational date as the trust has assumed all its functions.

Article 6 revokes articles 6, 7 and 8 of the Establishment Order as they 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).