The Isle of Wight National Health Service Trust (Establishment) Order 2012

Statutory Instruments

2012 No. 786

National Health Service, England

The Isle of Wight National Health Service Trust (Establishment) Order 2012

Made

10th March 2012

Coming into force

1st April 2012

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 25(1) and 272(7) of, and paragraph 5 of Schedule 4 to, the National Health Service Act 2006(1).

The Secretary of State for Health makes this Order following the completion of the consultation prescribed under section 25(3) of the National Health Service Act 2006(2).

Citation, commencement and interpretation E+W

1.—(1) This Order may be cited as the Isle of Wight National Health Service Trust (Establishment) Order 2012 and comes into force on 1st April 2012.

(2) In this Order—

“the Act” means the National Health Service Act 2006;

[F1 “community health services” means any services—

(a)

whose provision must be arranged by [F2 an integrated care board] under [F3 section 3(1)(g) or (i)] of the Act;

(b)

which are of a kind mentioned in [F4 section 3(1)(g) or (i)] of the Act, but—

(i)

whose provision must be arranged by [F5 NHS England] under regulations made under section 3B of the Act(3); or

(ii)

which may be provided by the Secretary of State or a local authority under section 2B of the Act;

(c)

which a local authority must provide under paragraph 1 of Schedule 1 to the Act;

(d)

which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the Act; or

(e)

which the Secretary of State must provide under paragraph 8 of Schedule 1 to the Act;]

“the trust” means the National Health Service trust established by article 2.

Textual Amendments

F1 Words in art. 1(2) substituted (1.4.2013) by The National Health Service Trusts (Establishment) Amendment Order 2013 (S.I. 2013/593), arts. 1, 2(1), Sch. 1

F2 Words in Order substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F3 Words in art. 1(2) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 206(2)(a)

F4 Words in art. 1(2) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 206(2)(b)

F5 Words in Order substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Commencement Information

I1 Art. 1 in force at 1.4.2012, see art. 1(1)

Establishment and name of the trust E+W

2.  There is established a National Health Service trust which shall be called the Isle of Wight National Health Service Trust.

Commencement Information

I2 Art. 2 in force at 1.4.2012, see art. 1(1)

Nature and functions of the trust E+W

3.  The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, community health services and ambulance and associated transport services for the purposes of the health service.

Commencement Information

I3 Art. 3 in force at 1.4.2012, see art. 1(1)

Directors of the trust E+W

4.—(1) The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.

(2) If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.

Commencement Information

I4 Art. 4 in force at 1.4.2012, see art. 1(1)

Operational date and accounting date of the trust E+W

5.—(1) The operational date of the trust shall be 1st April 2012.

(2) The accounting date of the trust shall be 31st March.

Commencement Information

I5 Art. 5 in force at 1.4.2012, see art. 1(1)

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

10th March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes a National Health Service trust called the Isle of Wight National Health Service Trust.

The Order sets out the functions of the trust (article 3), the number of executive and non-executive directors of the trust (article 4), the operational date (the date on which the trust assumes all its functions) and the accounting date of the trust (article 5).

(1)

2006 c.41.

(2)

See S.I. 2010/743.

(3)

Paragraph 7A was inserted by section 143 of the Health and Social Care Act 2008 (c.14) and amended by S.I. 2010/1158 which also amended paragraphs 1 and 2 of that Schedule.