The Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011 No. 1520


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United Kingdom Statutory Instruments


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Statutory Instruments

2011 No. 1520

National Health Service, England

The Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011

Made

16th June 2011

Coming into force

1st July 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 paragraphs 5 and 28 of Schedule 4 to, the National Health Service Act 2006(1).

In accordance with section 25(3) of, and paragraph 28(3) of Schedule 4 to, that Act, the prescribed consultation has been completed(2).

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011 and shall come into force on 1st July 2011.

(2) In this Order-

"the Act" means the National Health Service Act 2006;

"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(3) of that Schedule;

"dissolution date" means the date this Order comes into force;

"the trust" means the National Health Service trust established by article 2;

"the Worcestershire Order" means the Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999(4).

Establishment and name of the trust

2. There is established a National Health Service trust which shall be called the Worcestershire Health and Care National Health Service Trust.

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.

Directors of the trust

4.-(1) The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.

(2) If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.

Operational date and accounting date of the trust

5.-(1) The operational date of the trust shall be 1st July 2011.

(2) The accounting date of the trust shall be 31st March.

Dissolution of NHS trust

6. On the dissolution date, the Worcestershire Mental Health Partnership National Health Service trust, which was established by the Worcestershire Order, is dissolved and accordingly the Worcestershire Order is revoked.

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

16th June 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes a National Health Service trust called the Worcestershire Health and Care National Health Service Trust.

The Order sets out the functions of the trust (article 3), the number of executive and non-executive directors of the trust (article 4), the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5). It dissolves the Worcestershire Mental Health Partnership National Health Service Trust, which was established by the Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999.

(3)

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.

(4)

S.I. 1999/3472, amended by S.I. 2002/1360, which changed the name of the trust to the Worcestershire Mental Health Partnership National Health Service Trust.


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