The North and East Devon Partnership National Health Service Trust Change of Name and (Establishment) Amendment Order 2002

Statutory Instruments

2002 No. 731

NATIONAL HEALTH SERVICE, ENGLAND

The North and East Devon Partnership National Health Service Trust Change of Name and (Establishment) Amendment Order 2002

Made

14th March 2002

Coming into force

25th March 2002

The Secretary of State for Health, in exercise of the powers conferred on him by section 126(3) and (4) of the National Health Service Act 1977(1) and section 5(1) of the National Health Service and Community Care Act 1990(2) and of all other powers enabling him in that behalf, having completed the consultation prescribed under section 5(2) of that latter Act(3), hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the North and East Devon Partnership National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 25th March 2002.

(2) In this Order—

“the Order” means the North and East Devon Partnership National Health Service Trust (Establishment) Order 2001(4);

“the trust” means the National Health Service trust established by the Order.

Change of name of NHS trust and transitional provisions

2.—(1) The trust shall be called the Devon Partnership National Health Service Trust instead of the North and East Devon Partnership National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “North and East Devon Partnership” there shall be substituted “Devon Partnership”.

(2) 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 name,

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

Further amendment of NHS trust establishment order

3.—(1) For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article—

“Nature and functions of the trust

3.— (1) The trust is established for the purposes specified in section 5(1) of the Act.

(2) 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 at or from Devon Partnership National Health Service Trust, Wonford House Hospital, Dryden Road, Exeter, Devon, EX2 5AF;

• and at or from any associated hospitals, establishments or facilities.”.

Signed by authority of the Secretary of State

Hazel Blears

Parliamentary Under Secretary of State,

Department of Health

14th March 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the North and East Devon Partnership National Health Service Trust (Establishment) Order 2001, which established the North and East Devon Partnership National Health Service Trust, and changes the name of that trust.

Article 2 of the Order changes the name of the trust from the North and East Devon Partnership National Health Service Trust to the Devon Partnership National Health Service Trust, and makes consequential amendments to the Establishment Order and transitional provisions. Article 3 of the order substitutes a new article 3 of the Establishment Order (nature and functions of the trust) so that the trust can provide hospital accommodation and services and community health services.

(1)

1977 c. 49; section 126(3) and (4) was amended by the National Health Service and Community Care Act 1990 (c. 19), section 65(2), by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule 1, paragraph 57, by the National Health Service (Primary Care) Act 1997 (c. 19), Schedule 2, paragraph 27 and by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 37.

(2)

1990 c. 19; section 5 was amended by the 1995 Act, Schedule 1, paragraph 69 and by the 1999 Act, section 13(1).

(3)

See S.I. 1996/653, regulation 2.

(4)

S.I. 2001/1230.