The Mid Yorkshire Hospitals National Health Service Trust (Establishment) Amendment Order 2009

Made24th June 2009

Coming into force1st July 2009

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 20061.

In accordance with section 25(3) of that Act, the prescribed consultation has been completed2.

Citation, commencement and interpretation1

1

This Order may be cited as the Mid Yorkshire Hospitals National Health Service Trust (Establishment) Amendment Order 2009 and shall come into force on 1st July 2009.

2

In this Order—

“the Establishment Order” means the Mid Yorkshire Hospitals National Health Service Trust (Establishment) and the Pinderfields and Pontefract Hospitals National Health Service Trust and the Dewsbury Health Care National Health Service Trust (Dissolution) Order 20023;
“the trust” means the National Health Service trust established by the Establishment Order.

Amendment of article 1 of the Establishment Order2

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 may provide under section 3(1)(d) or (e) of, or paragraph 2 or 7A4 of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;

c

in the definition of “operational date” for “paragraph 3(1)(e) of Schedule 2 to the Act” substitute “paragraph 5(5) of Schedule 4 to the Act”.

Amendment of nature and functions of the trust3

In article 3 of the Establishment Order (nature and functions of the trust)—

a

in paragraph (1), for “5(1) of the Act”, substitute “25(1) of the Act”; and

b

for paragraph (2), substitute—

2
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.

Signed by authority of the Secretary of State for Health.

Ann KeenParliamentary Under-Secretary of State,Department of Health24th June 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Mid Yorkshire Hospitals National Health Service Trust (Establishment) and the Pinderfields and Pontefract Hospitals National Health Service Trust and the Dewsbury Health Care National Health Service Trust (Dissolution) Order 2002 (“the Establishment Order”), which established the Mid Yorkshire Hospitals National Health Service Trust.

Article 3 amends the provision of the Establishment Order which specifies the nature and functions of the trust, so as to replace the reference to section 5 of the National Health Service and Community Care Act 1990 (which has been repealed and is replaced by section 25 of the National Health Service Act 2006), remove the reference to the particular establishments and facilities from which the trust carries out its functions, and to increase the trust’s functions, in particular so that it may provide community health services in addition to hospital accommodation and services.