Citation, commencement and interpretation

1. —(1) This Order may be cited as the Torbay and Southern Devon Health and Care 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;

“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A( 3 ) of that Schedule;

“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 is called the Torbay and Southern Devon Health and Care National Health ServiceTrust.

Nature and functions of the trust

3. 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 is 1st April 2012.

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