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The Derbyshire Community Health Services National Health Service Trust (Establishment) Order 2011

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Statutory Instruments

2011 No. 798

National Health Service, England

The Derbyshire Community Health Services National Health Service Trust (Establishment) Order 2011

Made

14th March 2011

Coming into force

1st April 2011

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 25(1) and 272(7) and (8) of, and paragraph 5 of Schedule 4 to, the National Health Service Act 2006(1).

The Secretary of State for Health makes this Order following the completion of the consultation prescribed under section 25(3) of the National Health Service Act 2006(2).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Derbyshire Community Health Services National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st April 2011.

(2) In this Order—

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

“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(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(3) of that Schedule;

“the trust” means the National Health Service trust established by article 2.

Establishment and name of the trust

2.  There is established a National Health Service trust which shall be called the Derbyshire Community Health Services National Health Service Trust.

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.

Directors of the trust

4.—(1) The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.

(2) If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.

Operational date and accounting date of the trust

5.—(1) The operational date of the trust shall be 1st April 2011.

(2) 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

14th March 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes a National Health Service trust called the Derbyshire Community Health Services National Health Service Trust.

The Order sets out the functions of the trust (article 3), the number of executive and non-executive directors of the trust (article 4), the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5).

(2)

See S.I. 2010/743.

(3)

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.

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