The West Midlands Ambulance Service National Health Service Trust (Establishment) Order 2006

Statutory Instruments

2006 No. 1626

NATIONAL HEALTH SERVICE, ENGLAND

The West Midlands Ambulance Service National Health Service Trust (Establishment) Order 2006

Made

15th June 2006

Coming into force

1st July 2006

The Secretary of State for Health makes the following Order in exercise of the powers conferred upon her by section 5(1) of, and paragraphs 1 and 3 of Schedule 2 to, the National Health Service and Community Care Act 1990(1).

The Secretary of State for Health has completed the consultation prescribed under section 5(2) of the National Health Service and Community Care Act 1990(2).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the West Midlands Ambulance Service National Health Service Trust (Establishment) Order 2006 and shall come into force on 1st July 2006.

(2) In this Order—

“the Act” means the National Health Service and Community Care Act 1990;

“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 she has a duty to provide under section 5(1) of that Act(3);

“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and

“the trust” means the West Midlands Ambulance Service National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust

2.  There is established a National Health Service trust which shall be called the West Midlands Ambulance Service National Health Service Trust.

Nature and functions of the trust

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 for the purposes of the health service and, in particular, to provide and manage—

(a) ambulance and associated transport services; and

(b) such other services, including community health services, as can reasonably be carried out in conjunction with the provision and management of ambulance and associated transport services.

Directors of the trust

4.  The trust shall have 6 non-executive directors (including the chairman), and 5 executive directors.

Operational date and accounting date of the trust

5.—(1) The operational date of the trust shall be 1st July 2006.

(2) The accounting date of the trust shall be 31st March.

Signed by authority of the Secretary of State for Health

Warner

Minister of State,

Department of Health

15th June 2006

Explanatory Note

(This note is not part of the Order)

This Order establishes the West Midlands Ambulance Service National Health Service Trust as a National Health Service trust under the terms set out in section 5 of the National Health Service and Community Care Act 1990.

The Order sets out the functions of the trust (article 3), the number of non-executive and executive directors of the trust (article 4) and the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5).

This Order should be read in conjunction with the National Health Service Trusts (Dissolution) Order 2006 (S.I. 2006/1618).

A full regulatory impact assessment has not been produced for this Order as it has no impact on the costs of business, charities or voluntary bodies.

(1)

1990 c. 19; section 5(1) was amended by sections 13(1)(a) and (10) and 65(2) of, and Schedule 5 to, the Health Act 1999 (c. 8)(“the 1999 Act”); paragraph 3 of Schedule 2 was amended by section 2(1) of, and paragraphs 65 and 85(a) of Schedule 1 to, the Health Authorities Act 1995 (c. 17) (“the 1995 Act”) and by sections 13(7) and (10) and 65(1) of, and paragraphs 74 and 83(1) and (2) of Schedule 4 to, the 1999 Act.

(2)

1990 c. 19; section 5(2) was amended by section 2(1) of, and paragraph 69(b) of Schedule 1 to, the 1995 Act. See S.I. 1996/653 for the prescribed consultation.

(3)

1977 c. 49; Schedule 1 was amended by section 25(1) of, and paragraphs 1 and 7 of Schedule 2 to, the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”); section 582(1) of, and paragraph 46 of Part 1 of Schedule 37 to, the Education Act 1996 (c. 56); by section 140(1) of, and paragraph 8 of Schedule 30 to, the School Standards and Framework Act 1998 (c. 31) (“the 1998 Act”), and by section 196 of, and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43); section 5(1) was amended by sections 10(1) and 25(2) of, and Schedule 3 to, the 1988 Act; section 237(1) of, and paragraph 20 of Part 1 of Schedule 12 to, the Education Reform Act 1988(c. 40) and by section 140(3) of, and Schedule 31 to, the 1998 Act.