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

Citation, commencement and interpretation

1.—(1) This Order may be cited as the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007 and comes into force on 5th July 2007.

(2) In this Order—

“the Commission” means the Appointments Commission(1);

“foundation trust” means an NHS foundation trust specified in the Schedule to this Order.

Appointment of trustees

2.—(1) The Commission must appoint trustees for each foundation trust to hold property on trust—

(a)for the purposes of that foundation trust; or

(b)for any purposes relating to the health service.

(2) The appointment of any such trustee is to be for such period, not exceeding 4 years, as the Commission may specify on making the appointment.

Termination and suspension of appointment

3.  Where the Commission is of the opinion that it is not in the interests of a foundation trust or the health service that a trustee for the foundation trust should continue to hold that office, the Commission may terminate the appointment and, pending its decision, may suspend any such trustee from such office.

Transitional

4.—(1) This paragraph applies to any person who, immediately before this Order comes into force, held office as a trustee for a foundation trust by virtue of an appointment made under any of the Orders mentioned in article 5 or 6(2).

(2) A person to whom paragraph (1) applies is to continue to hold office as a trustee for the foundation trust, and this Order is to apply to him, as if he had been appointed as a trustee for the foundation trust under this Order for the period specified on his appointment.

Revocation

5.  The following orders are revoked—

(a)the Cambridge University Hospitals National Health Service Foundation Trust (Trust Funds: Appointment of Trustees) Order 2004(3);

(b)the Chelsea and Westminster Healthcare National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2005(4).

Amendment of Orders

6.  The Schedule to the National Health Service Trusts (Trust Funds: Appointment of Trustees) Order 2000(5) is amended by omitting the following entries—

The Birmingham Children’s Hospital National Health Service Trust

The Guy’s and St Thomas’ National Health Service Trust

The King’s Healthcare National Health Service Trust

The Newcastle upon Tyne Hospitals National Health Service Trust

The Sheffield Children’s Hospital National Health Service Trust

The Sheffield Teaching Hospitals National Health Service Trust

The University College London Hospitals National Health Service Trust

The University Hospital Birmingham National Health Service Trust.

Signed by authority of the Secretary of State for Health

Andy Burnham

Minister of Health

Department of Health

20th June 2007