The Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Amendment Order 2011

Statutory Instruments

2011 No. 57

National Health Service, England

The Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Amendment Order 2011

Made

13th January 2011

Coming into force

1st February 2011

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 Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 1st February 2011.

(2) In this Order—

“the Establishment Order” means the Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Order 2001(3);

“the trust” means the NHS trust established by the Establishment Order.

Amendment of article 1 of the Establishment Order

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

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

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

(b) substitute the following definition for “community health services”—

““community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(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;”; and

(c) omit the definition of “operational date”.

Amendment of article 3 of the Establishment Order

3.  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.”.

Amendment of article 5 of the Establishment Order

4.  For article 5 of the Establishment Order (operational date and accounting date 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

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

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

(b) article 7 (assistance by health authorities before operational date).

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

13th January 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Order 2001 (“the Establishment Order”), which established the Barnet, Enfield and Haringey Mental Health National Health Service Trust.

Article 3 sets out the nature and functions of the trust which are to provide hospital accommodation and services and community health 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 4 specifies the trust’s accounting date. It removes reference to the trust’s operational date as the trust has assumed all its functions.

Article 5 revokes articles 6 and 7 of the Establishment Order. Articles 6 and 7 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. 2001/1330.

(4)

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