The Mid Staffordshire NHS Foundation Trust (Appointment of Trust Special Administrators) Order 2013

Statutory Instruments

2013 No. 838

National Health Service, England

The Mid Staffordshire NHS Foundation Trust (Appointment of Trust Special Administrators) Order 2013

Made

11th April 2013

Laid before Parliament

15th April 2013

Coming into force

16th April 2013

Monitor, being satisfied that Mid Staffordshire NHS Foundation Trust is, or is likely to become, unable to pay its debts, in exercise of the powers conferred by section 65D(2) of the National Health Service Act 2006(1), and following completion of the consultation required under section 65D(4) of the National Health Service Act 2006, makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Mid Staffordshire NHS Foundation Trust (Appointment of Trust Special Administrators) Order 2013 and comes into force on 16th April 2013.

(2) In this Order, “the trust” means the Mid Staffordshire NHS Foundation Trust(2).

Appointment of trust special administrators

2.—(1) Three trust special administrators are authorised to be appointed to exercise the functions of the governors, chairman and directors of the trust.

(2) The appointment of the trust special administrators appointed to the trust pursuant to paragraph (1) takes effect on 16th April 2013.

Signed by authority of Monitor

David Bennett

Chief Executive

Monitor

11th April 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order authorises the appointment of three trust special administrators to exercise the functions of the chairman, directors and governors of Mid Staffordshire NHS Foundation Trust. It also makes provision for the date on which the appointment of the trust special administrators is to take effect. Monitor will appoint the trust special administrators with effect from 16th April 2013 and will publish the name of the persons so appointed.

(1)

2006 c. 41. Section 65D was inserted by section 16 of the Health Act 2009 (c. 21) and amended by section 174 of the Health and Social Care Act 2012 (c. 7). See section 275(1) of the National Health Service Act 2006 as amended by paragraph 11 of Schedule 13 to the Health and Social Care Act 2012 for the definition of “the regulator”.

(2)

Established by the Mid-Staffordshire General Hospitals National Health Service Trust (Establishment) Order 1992 (S.I. 1992/2558) and authorised as an NHS Foundation Trust by Monitor on 1 February 2008 pursuant to section 35 of the National Health Service Act 2006.