The East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Amendment Order 2011

Statutory Instruments

2011 No. 1185

National Health Service, England

The East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Amendment Order 2011

Made

26th April 2011

Coming into force

13th May 2011

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, and paragraph 5 of Schedule 4 to, 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 East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Amendment Order 2011 and shall come into force on 13th May 2011.

(2) In this Order—

“the Establishment Order” means the East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Order 2002(3);

“the trust” means the NHS trust established by the Establishment Order.

Amendment of article 1 of the Establishment Order

2.  In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2)—

(a) for the definition of “the Act”, substitute—

““the Act” means the National Health Service Act 2006;”;

(b) for the definition of “community health services”, substitute—

““community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(b), (d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A(4) of that Schedule;”; and

(c) omit the definition of “operational date”.

Change of name of trust and transitional provision

3.—(1) The trust shall be called the East Sussex Healthcare National Health Service Trust instead of the East Sussex Hospitals National Health Service Trust.

(2) Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order (establishment and name of trust), for “Hospitals” substitute “Healthcare”.

(3) 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.

Substitution of article 3 of the Establishment Order

4.  For article 3 of the Establishment Order (nature and functions of the trust) substitute—

“Nature and functions of the trust

3.   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.”.

Substitution of article 5 of the Establishment Order

5.  For article 5 of the Establishment Order (operational date and accounting date of the trust) substitute—

“Accounting date of the trust

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

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

26th April 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Order 2002 (“the Establishment Order”), which established the East Sussex Hospitals National Health Service Trust.

Article 3 changes the name of the trust from East Sussex Hospitals National Health Service Trust to East Sussex Healthcare National Health Service Trust.

Article 4 sets out the nature and functions of the trust as being to provide hospital accommodation and services and community health services. It removes reference to section 5 of the National Health Service and Community Care Act 1990 (which has been repealed) and removes the reference to the particular establishments and facilities from which the trust carries out its functions.

Article 5 specifies the trust’s accounting date. It removes reference to the trust’s operational date as the trust has assumed all its functions.

(1)

2006 c.41.

(2)

See S.I. 2010/743.

(3)

S.I. 2003/216, amended by S.I. 2003/1063.

(4)

Paragraph 7A was inserted by section 143 of the Health and Social Care Act 2008 (c.14) and amended by S.I. 2010/1158 which also amended paragraphs 1 and 2 of that Schedule.