The South London Healthcare National Health Service Trust (Dissolution) Order 2013 No. 2378


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United Kingdom Statutory Instruments


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Statutory Instruments

2013 No. 2378

National Health Service, England

The South London Healthcare National Health Service Trust (Dissolution) 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 273(1) of, and paragraph 28 of Schedule 4 to, the National Health Service Act 2006(1).

The Secretary of State for Health makes this Order, as the Secretary of State considers it appropriate in the interests of the health service, following the publication of a report under section 65I(3) of that Act(2).

Citation and commencement

1.  This Order may be cited as the South London Healthcare National Health Service Trust (Dissolution) Order 2013 and comes into force on 1st October 2013.

Dissolution of NHS trust

2.-(1) The South London Healthcare National Health Service Trust is dissolved.

(2) The South London Healthcare National Health Service Trust (Establishment) and the Bromley Hospitals National Health Service Trust, the Queen Elizabeth Hospital National Health Service Trust and the Queen Mary's Sidcup National Health Service Trust (Dissolution) Order 2009(3) 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 provides for the dissolution on 1st October 2013 of the South London Healthcare National Health Service Trust established on 1st April 2009 and revokes the South London Healthcare National Health Service Trust (Establishment) and the Bromley Hospitals National Health Service Trust, the Queen Elizabeth Hospital National Health Service Trust and the Queen Mary's Sidcup National Health Service Trust (Dissolution) Order 2006 that established the trust.

(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 ("the 2006 Act") (subsection (4) of which gives Schedule 4 effect) but this provision is not yet in force.

(2)

Section 65I is in Chapter 5A which was inserted into the 2006 Act by section 16 of the Health Act 2009 (c.21). Chapter 5A provides at Section 65B for the Secretary of State to authorise, after consulting prescribed parties, the appointment of a trust special administrator (TSA) to exercise the functions of the chairman and directors of an NHS trust established under section 25, where the Secretary of State considers that it is in the interests of the health service. Section 65F(1) provides for the TSA to then publish a draft report recommending what action the Secretary of State should take in relation to the trust. This is then followed by consultation by the TSA, as prescribed in sections 65G and 65H. Section 65I requires the TSA to provide to the Secretary of State a final report stating the action which the TSA recommends that the Secretary of State should take in relation to the trust, which the Secretary of State must publish and lay before Parliament. The report in relation to the South London Healthcare National Health Service Trust was published on 8th January 2013 and can be found at www.gov.uk/government/publications/final-report-by-trust-special-administrator-at-south-london-healthcare-nhs-trust.


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