The Hereford Hospitals National Health Service Trust (Establishment) Amendment Order 2011

Statutory Instruments

2011 No. 891

National Health Service, England

The Hereford Hospitals National Health Service Trust (Establishment) Amendment Order 2011

Made

21st March 2011

Coming into force

1st April 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 Hereford Hospitals National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 1st April 2011.

(2) In this Order—

“the Establishment Order” means the Hereford Hospitals National Health Service Trust (Establishment) Order 1993(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) 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;”; and

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

Change of name of trust and transitional provision

3.—(1) The trust shall be called the Wye Valley National Health Service Trust instead of the Hereford 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 of the trust), for “Hereford Hospitals” substitute “Wye Valley”.

(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, 7 and 8 of the Establishment Order

6.  The following articles of the Establishment Order are revoked insofar as they are still in force—

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

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

(c) article 8 (restriction on disposal of assets).

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

21st March 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Hereford Hospitals National Health Service Trust (Establishment) Order 1993 (“the Establishment Order”), which established the Hereford Hospitals National Health Service Trust.

Article 3 changes the name of the trust from Hereford Hospitals National Health Service Trust to Wye Valley 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 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 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, 7 and 8 of the Establishment Order as they relate to the period before the operational date and are of no ongoing relevance (article 8 specifies a sum for the purposes of a provision of the National Health Service and Community Care Act 1990 which has been repealed).

(1)

2006 c.41.

(2)

See S.I. 2010/743.

(3)

S.I. 1993/2552, amended by S.I. 1996/990.

(4)

Paragraph 7A was inserted by section 143 of the Health and Social Care Act 2008 (c.14) and amended by S.I. 2010/1158 which also amended paragraphs 1 and 2 of that Schedule.