Citation, commencement and interpretation

1. This Order may be cited as the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2012 and comes into force on 1st December 2012.

Amendment of the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007

2.-(1) The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007(2) is amended as follows.

(2) Before the definition of "the Commission" insert-

"the 2012 Order" means the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2012;".

(3) For "Commission" in each place it occurs in the following provisions, substitute "Secretary of State-

(a)article 2;

(b)article 3;

(c)article 3A(1);

(d)the introduction to article 3A(2);

(e)article 3A(2)(d); and

(f)article 3A(2)(g).

(4) In article 2(3)-

(a)for "the" after "In respect of", substitute "any"; and

(b)after "that Schedule," insert ", if satisfied that the conditions specified in article 3A(2) are included in the company's constitution.".

(5) In article 3A(1), for "the" after "in respect of", substitute "a".

(6) After article 4(2) insert-

"(3) This paragraph applies to any person (whether an individual or a company) appointed for an unexpired period as a trustee for a foundation trust by the Commission under this Order prior to amendments made to this Order by the 2012 Order coming into force.

(4) A person to whom paragraph (3) applies continues to hold office as a trustee for the remainder of the period, and this Order is to apply to that person, as if that person had been appointed as a trustee by the Secretary of State under this Order.

(5) References in the constitution of a company to which paragraph (3) applies to the Commission, in so far as they comply with article 3A(2)(d) and (g) prior to amendments made to this Order by the 2012 Order coming into force, operate for the purposes of this Order as references to the Secretary of State.".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007 (the "Appointment Order"), which provides for the appointment of trustees by the Appointments Commission for the NHS foundation trusts specified in the Schedules, to hold property for the purposes of the NHS foundation trust for which the trustees are appointed or for any other purpose relating to the health service.

This Order amends the Appointment Order such that the duty to make the appointments falls to the Secretary of State and not to the Appointments Commission, and makes transitional provision to provide that previous appointments made by the Appointments Commission continue to be valid and are treated as if they are made by the Secretary of State pursuant to the amended Appointment Order. It also makes clear that the duty to appoint the company listed in column 2 of Schedule 2 as trustee for a foundation trust listed in column 1 of that Schedule will only apply if the conditions specified in article 3A(2) are fulfilled.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.