Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND
Made
3rd November 2004
Coming into force
15th November 2004
The Secretary of State for Health, in exercise of the powers conferred upon him by section 126(3) of the National Health Service Act 1977(1), and by section 5(1) of, and paragraphs 3(1)(b), (c) and (d), (2) and (3) of Schedule 2 to, the National Health Service and Community Care Act 1990(2), and of all other powers enabling him in that behalf, hereby makes the following Order:
1.—(1) This Order may be cited as the Brighton Health Care National Health Service Trust (Establishment) Amendment Order 2004 and shall come into force on 15th November 2004.
(2) In this Order, “the Establishment Order” means the Brighton Health Care National Health Service Trust (Establishment) Order 1992(3).
2.—(1) In article 3(1) of the Establishment Order (nature and functions of the trust) “5(1)(a)” shall be replaced by “5(1)”.
(2) Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following—
“(2) The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service.”.
3. Article 4 of the Establishment Order (directors of the trust) shall be replaced by the following—
“4.—(1) The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
(2) Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the Brighton and Sussex Medical School.”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
3rd November 2004
(This note is not part of the Order)
This Order amends the Brighton Health Care National Health Service Trust (Establishment) Order 1992, which established the Brighton Health Care National Health Service Trust. The name of the trust was changed to the Brighton and Sussex University Hospitals National Health Service Trust by the Brighton Health Care National Health Service Trust (Change of Name) Order 2003.
Article 2 of the Order amends the nature and functions of the trust and removes the references to the establishments from which the trust carries out its functions. Article 3 of the Order increases the number of non-executive directors of the trust from 5 to 6 and provides that one of the non-executive directors must be appointed from the Brighton and Sussex Medical School, which is run jointly by the Universities of Brighton and Sussex.
1977 c. 49; section 126(3) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19), paragraph 57 of Schedule 1 to the Health Authorities Act 1995 (c. 17) (“the 1995 Act”) and section 41(10) of, and paragraph 27 of Schedule 2 to, the National Health Service (Primary Care) Act 1997 (c. 46). The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the Health Act 1999 (c. 8) (“the 1999 Act”).
1990 c. 19; section 5(1) was amended by sections 13(1)(a) and (10) and 65(2) of, and Schedule 5 to, the 1999 Act; paragraph 3 of Schedule 2 was amended by paragraph 85(a) of Schedule 1 to the 1995 Act and by section 13(7) and (10) of, and paragraphs 74 and 83(1) and (2) of Schedule 4 to, the 1999 Act.
S.I. 1992/2536, as amended by S.I. 2003/866 (Change of Name Order which changed the name of the trust to the Brighton and Sussex University Hospitals National Health Service Trust).