Statutory Instruments

2012 No. 796

National Health Service, England

The Barts Health National Health Service Trust (Establishment) and the Barts and The London National Health Service Trust, the Newham University Hospital National Health Service Trust and the Whipps Cross University Hospital National Health Service Trust (Dissolution) Order 2012

Made

12th March 2012

Coming into force

1st April 2012

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, and paragraphs 5 and 28 of Schedule 4 to, the National Health Service Act 2006( 1 ).

The Secretary of State makes this Order on the application of the Barts and The London National Health Service Trust, the Newham University Hospital National Health Service Trust and the Whipps Cross University Hospital National Health Service Trust, following the completion of the consultation prescribed under section 25(3) of, and paragraph 28(3) of Schedule 4 to, the Act( 2 ).

Citation, commencement and interpretation

1. —(1) This Order may be cited as the Barts Health National Health Service Trust (Establishment) and the Barts and The London National Health Service Trust, the Newham University Hospital National Health Service Trust and the Whipps Cross University Hospital National Health Service Trust (Dissolution) Order 2012 and comes into force on 1st April 2012.

(2) In this Order—

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

“the Barts Order” means the Royal Hospital of St Bartholomew, the Royal London Hospital and London Chest Hospital National Health Service Trust (Establishment) Order 1994 ( 3 );

“community health services” means any services 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( 4 ) of that Schedule;

“dissolution date” means the date this Order comes into force;

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

“the Newham Order” means the Newham Healthcare National Health Service Trust (Establishment) Order 1994 ( 5 );

“the trust” means the National Health Service trust established by article 2 of this Order;

“the Whipps Cross Order” means the Whipps Cross Hospital National Health Service Trust (Establishment) Order 2000 ( 6 ).

Establishment and name of the trust

2. There is established a National Health Service trust which shall be called the Barts Health National Health Service Trust.

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 7 non-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 Queen Mary and Westfield College, University of London.

(3) 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 1st April 2012.

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

Dissolution of NHS trusts

6. On the dissolution date—

(a) the Barts and The London National Health Service Trust, which was established by the Barts Order;

(b) the Newham University Hospital National Health Service Trust, which was established by the Newham Order; and

are dissolved, and accordingly the Barts Order, the Newham Order and the Whipps Cross Order are revoked.

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

12th March 2012

( 1 )

2006 c.41 .

( 2 )

See S.I. 2010/743 .

( 3 )

S.I. 1994/307 , amended by S.I. 1999/1823 , which changed the trust’s name to the Barts and The London National Health Service Trust, 2003/1499 , and 2011/1521 .

( 4 )

Paragraph 7A was inserted by section 143 of the Health and Social Care Act 2008 (c.14) and amended by S.I. 2010/1158 which also amended paragraphs 1 and 2 of that Schedule.

( 5 )

S.I. 1994/308 , amended by S.I. 2004/1625 , which changed the trust’s name to the Newham University Hospital National Health Service Trust.

( 6 )

S.I. 2000/1414 , amended by S.I. 2001/65 , which changed the trust’s name to the Whipps Cross University Hospital National Health Service Trust.

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
community health services	art. 1.	def_bf15c1fdfa
dissolution date	art. 1.	def_bd6806acf7
operational date	art. 1.	def_faead0bb7f
the Act	art. 1.	def_5b02b55954
the Barts Order	art. 1.	def_aa2853e4fc
the Newham Order	art. 1.	def_2de8fb8c18
the trust	art. 1.	def_8b8ffcaa54
the Whipps Cross Order	art. 1.	def_a469e7a652