2011 No. 1084

National Health Service, England

The Solihull Primary Care Trust (Establishment) Amendment Order 2011

Made

Coming into force

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 18(2), 77(1), (2) and (6), 272(7) and (8) and 273(1) of, and paragraph 13(1) of Schedule 3 to, the National Health Service Act 20061.

The Secretary of State for Health makes this Order following an application made to the Secretary of State under section 77(5)(b) of the Act and following the consultation prescribed under section 18(5) of the Act2.

Citation, commencement and interpretation1

1

This Order may be cited as the Solihull Primary Care Trust (Establishment) Amendment Order 2011 and shall come into force on 15th April 2011.

2

In this Order—

  • “the Establishment Order” means the Solihull Primary Care Trust (Establishment) Order 20013;

  • “the trust” means the Primary Care 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

in the definition of “operational date”, for “paragraph 1(2) of Schedule 5” substitute “paragraph 13(2) of Schedule 3;” and

c

omit the definition of “preparatory period”.

Change of name of the trust3

The trust shall be called the Solihull Primary Care Trust instead of the Solihull Care Trust, and accordingly—

a

in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and

b

in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),

after “Solihull” insert “Primary”.

Effect of change of name4

The change of name effected by article 3 of this Order 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.

Revocation of designation as Care Trust5

Article 2(2) of the Establishment Order is omitted.

Revocation of articles 6 and 76

The following articles of the Establishment Order are revoked—

a

article 6 (limitations on the exercise of functions by the trust during the preparatory period); and

b

article 7 (assistance during the preparatory period).

Signed by authority of the Secretary of State for Health.

Paul BurstowMinister of State,Department of Health
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Solihull Primary Care Trust (Establishment) Order 2001.

Article 3 of the Order changes the name of the trust from the Solihull Care Trust to the Solihull Primary Care Trust, and makes consequential amendments to the Establishment Order. Article 4 makes provision as to the effect of the change of name.

Article 5 revokes the designation of the trust as a Care trust under section 77 of the National Health Service Act 2006.

Article 6 revokes articles 6 and 7 of the Establishment Order as they relate to the period before the operational date and are of no ongoing relevance.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.