The Buckinghamshire Hospitals National Health Service Trust (Establishment) Amendment Order 2010

Statutory Instruments

2010 No. 2461

National Health Service, England

The Buckinghamshire Hospitals National Health Service Trust (Establishment) Amendment Order 2010

Made

7th October 2010

Coming into force

1st November 2010

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 25(1), 272(7) and (8) and 273(1) of, and paragraph 5 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 Buckinghamshire Hospitals National Health Service Trust (Establishment) Amendment Order 2010 and shall come into force on 1st November 2010.

(2) In this Order—

“the Establishment Order” means the Buckinghamshire Hospitals National Health Service Trust (Establishment) and the South Buckinghamshire National Health Service Trust and Stoke Mandeville Hospital National Health Service Trust (Dissolution) Order 2002(3);

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

Amendment of article 1 of the Establishment Order

2.  In article 1 of the Establishment Order (citation, commencement, interpretation and extent), in paragraph (2)—

(a) for the definition of “the Act”, substitute—

““the Act” means the National Health Service Act 2006;”;

(b) after the definition of “the Act”, insert—

““community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(b), (d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A(4) of that Schedule;”;

(c) omit the definition of “operational date”; and

(d) omit the definition of “the Authority”.

Change of name of trust and transitional provision

3.—(1) The trust shall be called the Buckinghamshire Healthcare National Health Service Trust instead of the Buckinghamshire Hospitals National Health Service Trust.

(2) Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order (establishment and name of the trust), for “Hospitals” substitute “Healthcare”.

(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.

Substitution of article 3 of the Establishment Order

4.  For article 3 of the Establishment Order (nature and functions of the trust) substitute—

“Nature and functions of the trust

3.   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.”.

Substitution of article 5 of the Establishment Order

5.  For article 5 of the Establishment Order (operational and accounting dates of the trust) substitute—

“Accounting date of the trust

5.   The accounting date of the trust shall be 31st March.”.

Revocation of articles 6 and 7 of the Establishment Order

6.  The following articles of the Establishment Order are revoked—

(a) article 6 (limited functions before operational date); and

(b) article 7 (assistance from Health Authority before operational date).

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

7th October 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Buckinghamshire Hospitals National Health Service Trust (Establishment) and the South Buckinghamshire National Health Service Trust and Stoke Mandeville Hospital National Health Service (Dissolution) Order 2002 (“the Establishment Order”), which established the Buckinghamshire Hospitals National Health Service Trust.

Article 3 changes the name of the trust from Buckinghamshire Hospitals National Health Service Trust to Buckinghamshire Healthcare National Health Service Trust.

Article 4 sets out the nature and functions of the trust as being to provide hospital accommodation and services and community care services. It removes reference to section 5 of the National Health Service and Community Care Act 1990 (which has been repealed) and removes the reference to the particular establishments and facilities from which the trust carries out its functions.

Article 5 specifies the trust’s accounting date. It removes reference to the trust’s operational date as the trust has assumed all its functions.

Article 6 revokes articles 6 and 7 of the Establishment Order as they relate to the period before the operational date and are of no ongoing relevance.

(1)

2006 c.41.

(2)

See S.I. 2010/743.

(3)

S.I. 2002/2419.

(4)

Paragraph 7A was inserted by section 143 of the Health and Social Care Act 2008 (c.14).