The Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) (Amendment) Order 2020

Statutory Instruments

2020 No. 1157

National Health Service, England

The Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) (Amendment) Order 2020

Made

22nd October 2020

Coming into force

1st November 2020

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

In accordance with section 25(3) of that Act, the Secretary of State has completed the consultation prescribed by regulations(2) made under that section.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) (Amendment) Order 2020 and comes into force on 1st November 2020.

(2) In this Order, “the Establishment Order” means the Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011(3).

Change of name and savings

2.—(1) In article 2 of the Establishment Order (Establishment and name of the trust) for “the Worcestershire Health and Care National Health Service Trust” substitute “the Herefordshire and Worcestershire Health and Care National Health Service Trust”.

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

(a) affect any rights or obligations of any person; or

(b) invalidate any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the Worcestershire Health and Care National Health Service Trust and all instruments or other documents which refer to that name must be construed as referring to the Herefordshire and Worcestershire Health and Care National Health Service Trust.

Removal of specification of “operational date”

3.  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 is 31st March.”.

Signed by the authority of the Secretary of State for Health and Social Care.

Edward Argar

Minister of State,

Department of Health and Social Care

22nd October 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011, which established the Worcestershire Health and Care National Health Service Trust.

Article 2 changes the name of the trust to the Herefordshire and Worcestershire Health and Care National Health Service Trust.

Article 3 omits the specification of the trust’s “operational date” as it is of no on-going relevance.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

(1)

2006 c.41 (“the 2006 Act”). Section 179(2) of the Health and Social Care Act 2012(c.7) provides for the repeal of section 25 of the 2006 Act but this provision is not yet in force.

(2)

See the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010 (S.I. 2010/743), to which there are amendments not relevant to this Order. The prescribed consultation under regulation 2(2) of those regulations is that, before making an order under section 25(1) of the 2006 Act in relation to an NHS trust, the Secretary of State must consult that NHS trust.

(3)

S.I. 2011/1520.