The Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Amendment Order 2012

Statutory Instruments

2012 No. 1837

National Health Service, England

The Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Amendment Order 2012

Made

11th July 2012

Coming into force

15th August 2012

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 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 Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Amendment Order 2012 and comes into force on 15th August 2012.

(2) In this Order—

“the Establishment Order” means The Royal Wolverhampton 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(2) of the Establishment Order (interpretation), for the definition of community health services substitute —

““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 of that Schedule;”(4).

Change of name of trust and transitional provision

3.—(1) The trust is to be called The Royal Wolverhampton National Health Service Trust instead of The Royal Wolverhampton 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), omit “Hospitals”.

(3) The change of name effected by paragraph (1) will 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 are to be construed as referring to it under its new name.

Revocation of articles 6 and 7 of the Establishment Order

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

(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

11th July 2012

EXPLANATORY NOTE

(This note is not part of the Order)

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

Article 2 amends the definition of community health services in the Establishment Order.

Article 3 changes the name of the trust to The Royal Wolverhampton National Health Service Trust and makes related provision.

Article 4 revokes articles 6 and 7 of the Establishment Order as they relate to the period before the trust’s operational date and are of no ongoing relevance.

(1)

2006 c.41.

(2)

See S.I. 2010/743.

(3)

S.I. 1993/2574 amended by S.I. 2009/3086.

(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.