The St. Mary’s National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2004

Statutory Instruments

2004 No. 435

NATIONAL HEALTH SERVICE, ENGLAND

The St. Mary’s National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2004

Made

22nd February 2004

Coming into force

23rd February 2004

The Secretary of State for Health, in exercise of the powers conferred on him by section 11(1), and (2) of the National Health Service and Community Care Act 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the St. Mary’s National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2004 and shall come into force on the day after it is made.

(2) In this Order—

“the Act” means the National Health Service and Community Care Act 1990;

“the Trust” means the St. Mary’s National Health Service Trust(2).

Appointment of trustees

2.—(1) The Secretary of State shall appoint trustees for the Trust for the purposes of exercising functions described in section 11(1) of the Act (trust funds and trustees of NHS trusts) in relation to the Trust.

(2) The appointment of any such trustee shall be for such a period, not exceeding 4 years, as the Secretary of State may specify on making the appointment.

Termination and suspension of appointment

3.  Where the Secretary of State is of the opinion that it is not in the interests of the Trust, the health service or the administration of any trust funds that a trustee for the Trust should continue to hold that office, he may forthwith terminate the tenure of office and, pending his decision, may suspend any such trustee from such office.

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State,

Department of Health

23rd February 2004

Explanatory Note

(This note is not part of the Order)

This Order provides for the Secretary of State for Health to appoint trustees for the St. Mary’s National Health Service Trust. Under section 11(1) of the National Health Service and Community Care Act 1990 such trustees have power to accept, hold and administer trust property for the purposes of the National Health Service trust for which they are appointed or for any other purpose relating to the National health Service.

(1)

1990(c. 19); section 11(1) was amended by section 13(6) and (10) of the Health Act 1999.

(2)

Established by S.I. 1991/2395