EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007 (the “Appointment Order”), which provides for the appointment of trustees by the Appointments Commission for the NHS foundation trusts specified in the Schedules, to hold property for the purposes of the NHS foundation trust for which the trustees are appointed or for any other purpose relating to the health service.
This Order amends the Appointment Order such that the duty to make the appointments falls to the Secretary of State and not to the Appointments Commission, and makes transitional provision to provide that previous appointments made by the Appointments Commission continue to be valid and are treated as if they are made by the Secretary of State pursuant to the amended Appointment Order. It also makes clear that the duty to appoint the company listed in column 2 of Schedule 2 as trustee for a foundation trust listed in column 1 of that Schedule will only apply if the conditions specified in article 3A(2) are fulfilled.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.