The North Staffordshire Hospital Centre National Health Service Trust (Change of Name) (Establishment) Amendment Order 2014

Statutory Instruments

2014 No. 2844

National Health Service, England

The North Staffordshire Hospital Centre National Health Service Trust (Change of Name) (Establishment) Amendment Order 2014

Made

22nd October 2014

Coming into force

2nd November 2014

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 the National Health Service Act 2006(1).

In accordance with section 25(3) of that Act, the prescribed consultation has been completed(2).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the North Staffordshire Hospital Centre National Health Service Trust (Change of Name) (Establishment) Amendment Order 2014 and comes into force on 2nd November 2014.

(2) In this Order—

“the Establishment Order” means the North Staffordshire Hospital Centre National Health Service Trust (Establishment) Order 1992(3); and

“the trust” means the National Health Service trust established by the Establishment Order.

Amendment of article 1 of the Establishment Order

2.  In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2)—

(a) omit the definition of “operational date”; and

(b) in the definition of “the trust”, for “University Hospital of North Staffordshire National Health Service Trust” substitute “University Hospitals of North Midlands National Health Service Trust”.

Amendment of article 2 of the Establishment Order

3.  In article 2 of the Establishment Order (establishment of the trust), for “University Hospital of North Staffordshire National Health Service Trust” substitute “University Hospitals of North Midlands National Health Service Trust”.

Amendment of article 5 of the Establishment Order

4.  For article 5 of the Establishment Order (operational date and accounting date of the trust) and the heading to that article, substitute—

Accounting date of trust

5.   The accounting date of the trust shall be 31st March.”.

Transitional provisions

5.  The change of name effected by article 3 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 names,

and all instruments and other documents which refer to the trust under its previous names shall be construed as referring to it under its new name.

Revocation of articles 6 and 7 of the Establishment Order

6.  Article 6 (limited functions before operational date) and article 7 (assistance by health authorities before operational date) of the Establishment Order are revoked.

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

22nd October 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the North Staffordshire Hospital Centre National Health Service Trust (Establishment) Order 1992 (“the Establishment Order”), which established the North Staffordshire Hospital Centre National Health Service Trust, which is now known as the University Hospital of North Staffordshire National Health Service Trust.

Articles 2(a) and 4 omit the definition and specification of the trust’s “operational date” as the trust is already established. Articles 2(b) and 3 respectively amend the definition and name of the trust from the University Hospital of North Staffordshire National Health Service Trust to the University Hospitals of North Midlands National Health Service Trust.

Article 5 makes transitional provisions relating to the change of name of the trust.

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 on going relevance.

Article 8 of the Establishment Order has already lapsed on the repeal of the enabling provision in the National Health Service and Community Care Act 1990.

(1)

2006 c.41. Section 179(2) of the Health and Social Care Act 2012 (c.7) provides for the repeal of section 25 of the National Health Service Act 2006 but this provision is not yet in force.

(2)

S.I. 2010/743, amended by S.I. 2012/3094 and S.I. 2013/235. The prescribed consultation under regulation 2(2) is consultation by the Secretary of State with the NHS trust.

(3)

S.I. 1992/2559, amended by S.I. 1993/713 (which changed the name of the trust to North Staffordshire Hospital National Health Service Trust), S.I. 2003/792 (which changed the name of the trust to the University Hospital of North Staffordshire National Health Service Trust), S.I. 2009/3085 and S.I. 2013/593.