Citation, commencement and interpretation

1. —(1) This Order may be cited as the North Cumbria Acute Hospitals National Health Service Trust (Change of Name) (Establishment) Amendment Order 2008 and shall come into force on 1 ^st August 2008.

(2) In this Order—

“the Establishment Order” means the North Cumbria Acute Hospitals National Health Service Trust (Establishment) Order 2001( 3 );

“the trust” means the National Health Servicetrust 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) for the definition of “the Act”, substitute—

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

(b) 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”.

Change of name of trust and transitional provision

3. —(1) The trust shall be called the North Cumbria UniversityHospitals National Health ServiceTrust instead of the North Cumbria Acute Hospitals National Health ServiceTrust.

(2) Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “Acute” substitute “University”.

(3) The change of name effected by paragraph (1) 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.

Amendment of nature and functions of the trust

4. 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) in paragraph (2), omit the words from “at or from” to the end of the paragraph.

Amendment of the directors of the trust

5. For article 4 of the Establishment Order (directors of the trust) substitute—

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

(2) Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(1)(d) of Schedule 4 to the Act, one of the non-executive directors shall be appointed from Newcastle University. ” .