The Lewisham Healthcare National Health Service Trust (Change of Name) (Establishment) Amendment Order 2013 No. 2376


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United Kingdom Statutory Instruments


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Statutory Instruments

2013 No. 2376

National Health Service, England

The Lewisham Healthcare National Health Service Trust (Change of Name) (Establishment) Amendment Order 2013

Made

19th September 2013

Coming into force

1st October 2013

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 Lewisham Healthcare National Health Service Trust (Change of Name) (Establishment) Amendment Order 2013 and comes into force on 1st October 2013.

(2) In this Order-

"the Establishment Order" means the Lewisham Hospital National Health Service Trust (Establishment) Order 1993(3); and

"the trust" means the National Health Service trust established by the Establishment Order.

Amendment of article 1 of the Establishment Order and transitional provision

2.-(1) The trust shall be called the Lewisham and Greenwich National Health Service Trust instead of the Lewisham Healthcare National Health Service Trust.

(2) In article 1(2) of the Establishment Order-

(a)in the definition of "the trust", for "Healthcare" substitute "and Greenwich"; and

(b)omit the definition of "operational date".

(3) In article 2 of the Establishment Order for "Healthcare" substitute "and Greenwich".

(4) 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 names,

and all instruments and other documents which refer to the trust under its previous names shall be construed as referring to it under its new name.

Amendment of article 4 of the Establishment Order

3.  In article 4(1) of the Establishment Order (directors of the trust), for "5 non-executive directors" substitute "7 non-executive directors".

Amendment of article 5 of the Establishment Order

4.  For article 5 of the Establishment Order (operational date and accounting date of the trust) and the heading to that article, substitute-

"Accounting date of trust

5.  The accounting date of the trust shall be 31st March.".

Revocation of article 6 of the Establishment Order

5.  Article 6 (limited functions before operational date) of the Establishment Order is revoked.

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

19th September 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Lewisham Hospital National Health Service Trust (Establishment) Order 1993 ("the Establishment Order"), which established the Lewisham Hospital National Health Service Trust, which is now known as the Lewisham Healthcare National Health Service Trust.

Article 2 changes the name of the trust from the Lewisham Healthcare National Health Service Trust to the Lewisham and Greenwich National Health Service Trust and makes consequential amendments to the Establishment Order. Articles 2(2)(b) and 4 omit the definition and specification of the trust's "operational date" as the trust is already established. Article 5 revokes article 6 of the Establishment Order as it relates to the period before the operational date and is of no ongoing relevance.

Article 3 increases the number of non-executive directors (excluding the chairman) of the trust from 5 to 7.

(1)

2006 c.41. Section 179(2) of the Health and Social Care Act 2012 (c.7) provides for the repeal of section 25 of the National Health Service Act 2006 (subsection (4) of which gives Schedule 4 effect) but this provision is not yet in force.

(2)

S.I. 2010/743, to which there are amendments not relevant to this Order. The prescribed consultation under regulation 2(2) is consultation by the Secretary of State with that NHS trust.

(3)

S.I. 1993/694, amended by S.I. 2010/100, S.I. 2010/2918 (which changed the name of the trust to the Lewisham Healthcare National Health Service Trust) and S.I. 2013/593.


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