The Cardiothoracic Centre–Liverpool National Health Service Trust (Change of Name) (Establishment) Amendment Order 2008

Statutory Instruments

2008 No. 1471

National Health Service, England

The Cardiothoracic Centre–Liverpool National Health Service Trust (Change of Name) (Establishment) Amendment Order 2008

Made

5th June 2008

Coming into force

1st July 2008

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 25(1), 272(8) and 273(1) of, and paragraph 5(1) of Schedule 4 to, the National Health Service Act 2006(1).

In accordance with section 25(3) of that Act, the prescribed consultation has been completed(2).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Cardiothoracic Centre–Liverpool National Health Service Trust (Change of Name) (Establishment) Amendment Order 2008 and shall come into force on 1st July 2008.

(2) In this Order—

“the Establishment Order” means the Cardiothoracic Centre–Liverpool National Health Service Trust (Establishment) Order 1990(3);

“the trust” means the National Health Service trust established by the Establishment Order.

Change of name of trust and transitional provision

2.—(1) The trust shall be called the Liverpool Heart and Chest Hospital National Health Service Trust instead of the Cardiothoracic Centre–Liverpool National Health Service Trust.

(2) Accordingly in paragraph (2) of article 1 of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “Cardiothoracic Centre–Liverpool” substitute “Liverpool Heart and Chest Hospital”.

(3) 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 nature and functions of the trust

3.  In article 3 of the Establishment Order (nature and functions of the trust)—

(a) in paragraph (1) for “5(1)(a) of the Act”, substitute “25(1) of the National Health Service Act 2006”; and

(b) for paragraph (2) substitute—

“(2) The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service.”.

Signed by authority of the Secretary of State

Ann Keen

Parliamentary Under Secretary of State

Department of Health

5th June 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Cardiothoracic Centre–Liverpool National Health Service Trust (Establishment) Order 1990, which established the Cardiothoracic Centre-Liverpool National Health Service Trust.

Article 2 of the Order changes the name of the trust from the Cardiothoracic Centre-Liverpool National Health Service Trust to the Liverpool Heart and Chest Hospital National Health Service Trust and makes consequential amendments to the Establishment Order.

Article 3 amends the provision of the Establishment Order which specifies the nature and functions of the trust, so as to replace the reference to section 5 of the National Health Service and Community Care Act 1990 (which has been revoked and is replaced by section 25 of the National Health Service Act 2006) and remove the reference to the establishment from which the trust carries out its functions.

(1)

2006 c.41.

(2)

See S.I. 1996/653, as amended by S.I. 2001/3788.

(3)

S.I. 1990/2404, as amended by S.I. 1993/1811.