Citation, commencement and interpretation

1. —(1) This Order may be cited as the Dudley and Walsall Mental Health Partnership National Health Service Trust (Establishment) Order 2008 and shall come into force on 1 ^st October 2008.

(2) In this Order—

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

“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;

“operational date” has the meaning assigned to it in paragraph 5(5) of Schedule 4 to the Act; and

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

Establishment and name of the trust

2. There is established a National Health Servicetrust which shall be called the Dudley and Walsall Mental Health Partnership National Health ServiceTrust.

Nature and functions of the trust

3. —(1) The trust is established for the purposes specified in section 25(1) of the Act.

(2) The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.

Directors of the trust

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.

Operational date and accounting date of the trust

5. —(1) The operational date of the trust shall be 1 ^st October 2008.

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

Transfer of staff to the trust

6. The Walsall Teaching Primary Care Trust( 2 ) and the Dudley Primary Care Trust( 3 ) have each made a scheme for the purposes of paragraph 8(1)(b) of Schedule 4 to the Act for the transfer of staff to the trust.