The Morecambe Bay Hospitals National Health Service Trust (Change of Name) (Establishment) Amendment Order 2005

Made20th December 2005

Coming into force30th December 2005

The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 126(3) and 126(4) of the National Health Service Act 19771, and by section 5(1) of, and paragraphs 3(1) and (2) of Schedule 2 to, the National Health Service and Community Care Act 19902:

Citation, commencement and interpretation1

1

This Order may be cited as the Morecambe Bay Hospitals National Health Service Trust (Change of Name) (Establishment) Amendment Order 2005 and shall come into force on 30^th December 2005.

2

In this Order, “the Establishment Order” means the Morecambe Bay Hospitals National Health Service Trust (Establishment) Order 19983.

Amendment of article 1(2) of the Establishment Order2

In article 1(2) of the Establishment Order, after the definition of “the Act”, the following definition shall be inserted—

community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act4;

Change of name of trust and transitional provision

3

1

The trust shall be called the University Hospitals of Morecambe Bay National Health Service Trust instead of the Morecambe Bay Hospitals National Health Service Trust, and accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for the words “Morecambe Bay Hospitals” there shall be substituted the words “University Hospitals of Morecambe Bay”.

4

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 or 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 nature and functions of the trust5

Article 3 of the Establishment Order (functions of the trust) shall be replaced by the following—

3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
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.

Amendment of the directors of the trust6

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 University of Liverpool.

Signed by authority of the Secretary of Stat

WarnerMinister of State,Department of Health20th December 2005

(This note is not part of the Order)

This Order amends the Morecambe Bay Hospitals National Health Service Trust (Establishment) Order 1998, which established the Morecambe Bay Hospitals National Health Service Trust.

Article 3 of the Order changes the name of the trust from the Morecambe Bay Hospitals National Health Service Trust to the University Hospitals of Morecambe Bay National Health Service Trust and makes consequential amendments to the Establishment Order. Article 4 of the Order removes the references to the establishments from which the trust carries out its functions. Article 5 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 University of Liverpool.