The Maidstone and Malling Primary Care Trust Change of Name and (Establishment) Amendment Order 2002

Statutory Instruments

2002 No. 1123

NATIONAL HEALTH SERVICE, ENGLAND

The Maidstone and Malling Primary Care Trust Change of Name and (Establishment) Amendment Order 2002

Made

25th March 2002

Coming into force

1st April 2002

The Secretary of State for Health, in the exercise of the powers conferred on him by sections 16A(1), (2) and (3) and 126(3) and (4) of, and paragraph 1 of Schedule 5A to, the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, following compliance with the consultation requirements contained in regulations made under section 16A(5) of the Act(2), hereby makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Maidstone and Malling Primary Care Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.

(2) In this Order, unless the context otherwise requires—

“Principal Order” means the Maidstone and Malling Primary Care Trust (Establishment) Order 2001(3);

“the trust” means the Primary Care Trust established by the Principal Order.

Change of name of Primary Care trust and transitional provisions

2.—(1) The trust shall be called the Maidstone Weald Primary Care Trust instead of the Maidstone and Malling Primary Care Trust, and accordingly in article 1 of the Principal Order in the definition of “the trust”, and in article 2 of the Principal Order, for “Maidstone and Malling” there shall be substituted “Maidstone Weald”.

(2) 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.

Amendment of Schedule to the Principal Order

3.  For the Schedule to the Principal Order, there is substituted the following Schedule—

Article 3

“SCHEDULE AREA OF TRUST

• In the borough of Maidstone Borough Council

  • the electoral wards of Allington, Barming, Bearsted, Boughton Monchelsea, Boxley, Bridge, Coxheath, Detling, East, Farleigh, Harrietsham and Lenham, Headcorn, Heath, High Street, Hollingbourne, Langley, Leeds, Loose, Marden, North, Park Wood, Shepway East, Shepway West, South, Staplehurst, Sutton Valence, Thurnham, Yalding.

• In the borough of Tonbridge and Malling Borough Council

  • Aylesford, Birling, Leybourne and Ryarsh, Burham, Eccles and Wouldham, Ditton, East Malling, East Peckham, Larkfield North, Larkfield South, Oast, Snodland East, Snodland West, Wateringbury, West Malling, West Peckham and Mereworth.

• In the borough of Tunbridge Wells Borough Council

  • Benenden, Brenchley, Capel, Cranbrook, Frittenden and Sissinghurst, Goudhurst, Hawkhurst, Horsmonden, Lamberhurst, Paddock Wood, Pembury, Sandhurst”.

Signed by authority of the Secretary of State

Hazel Blears

Parliamentary Under Secretary of State,

Department of Health

25th March 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Establishment Order of the Maidstone and Malling Primary Care Trust, a Primary Care Trust established by Order under section 16A of the National Health Service Act 1977, by changing its name to Maidstone Weald Primary Care Trust and substitutes a new Schedule to reflect the increased area of the Primary Care Trust.

(1)

1977 c. 49; section 16A was inserted by the Health Act 1999 (c. 8) (“the 1999 Act”), section 2(1) which has been commenced in respect of England only; section 126(3) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2) and by the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 27; section 126(4) was amended by the 1990 Act, section 65(2), by the 1999 Act, Schedule 4, paragraph 37(6) and by the Health and Social Care Act 2001 (c. 15), Schedule 5, paragraph 5(13)(b); Schedule 5A was inserted by the 1999 Act, Schedule 1.

(2)

See S.I. 1999/2337.

(3)

S.I. 2001/285.