Citation and commencement

1. This Order may be cited as the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment (No. 2) Order 2012 and comes into force on 1st December 2012.

Amendment of the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007

2. —(1) The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007( 2 ) is amended as follows.

(2) In article 1(2) (interpretation), before the definition of “the Commission” insert—

“ “the 2012 Order ” means the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment (No. 2) Order 2012; ” .

(3) For “Commission” in each place it occurs in the following provisions, substitute “Secretary of State”—

(a) article 2 (appointment of trustees);

(b) article 3 (termination and suspension of appointment);

(c) article 3A(1) (appointment of company subject to conditions);

(d) the introduction to article 3A(2);

(e) article 3A(2)(d); and

(f) article 3A(2)(g).

(4) In article 2(3)—

(a) for “the” after “In respect of”, substitute “any”; and

(b) after “that Schedule” insert “, if satisfied that the conditions specified in article 3A(2) are included in the company’s constitution”.

(5) In article 3(1), for the “it” after “tenure of office where” substitute “the Secretary of State”.

(6) In article 3A(1), for “the” after “in respect of”, substitute “a”.

(7) After article 4(2) (transitional), insert—

“ (3) This paragraph applies to any person (whether an individual or a company) appointed as a trustee for a foundation trust by the Commission under this Order prior to amendments made to this Order by the 2012 Order coming into force, where the period of appointment terminates after 30th November 2012.

(4) A person to whom paragraph (3) applies continues to hold office as a trustee for the remainder of the period for which they are appointed, and this Order is to apply to that person, as if that person had been appointed as a trustee by the Secretary of State under this Order.

(5) References to the Commission in the constitution of a company to which paragraph (3) applies, in so far as they complied with article 3A(2)(d) and (g) prior to amendments made to this Order by the 2012 Order coming into force, operate for the purposes of this Order as references to the Secretary of State. ” .

Revocation of Order

3. The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2012( 3 ) is revoked.