Statutory Instruments

2013 No. 531

National Health Service, England

The Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013

Made

7th March 2013

Coming into force

22nd March 2013

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 25(1) and 272(7) of, and paragraphs 5 and 7 of Schedule 4 to, the National Health Service Act 2006(1).

The Secretary of State for Health makes this Order following the completion of the consultation prescribed under section 25(3) of the National Health Service Act 2006(2).

Citation, commencement and interpretation_I1

1.—(1) This Order may be cited as the Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013 and comes into force on 22nd March 2013.

(2) In this Order—

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

“community health services” means any services—

(a)

whose provision must be arranged by [^F1an integrated care board^F1] under [^F2section 3(1)(g) or (i)^F2] of the Act(3);

(b)

which are of a kind mentioned in [^F3section 3(1)(g) or (i)^F3] of the Act, but—

(i)

whose provision must be arranged by [^F4NHS England^F4] under regulations made under section 3B of the Act(4); or

(ii)

which may be provided by the Secretary of State or a local authority under section 2B of the Act(5);

(c)

which a local authority must provide under paragraph 1 of Schedule 1 to the Act(6);

(d)

which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the Act(7); or

(e)

which the Secretary of State must provide under paragraph 8 of Schedule 1 to the Act;

“establishment date” means 22nd March 2013;

^F5...

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

Establishment and name of the trust_I2

2. There is established a National Health Service trust which is called the Gloucestershire Care Services National Health Service Trust.

Nature and functions of the trust_I3

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_I4

4.—(1) The trust shall have, in addition to the chair, [^F65 executive directors^F6] and [^F76 non-executive directors^F7] .

(2) If the Secretary of State suspends the chair, 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.

[^F8Accounting date of the trust _I5

5. The accounting date of the trust shall be 31st March.^F8]

Limited functions before operational date

^F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance by Strategic Health Authority before operational date

^F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

7th March 2013

(1)

2006 c.41. Section 179(2) of the Health and Social Care Act 2012 (c.7) (“the 2012 Act”) provides for the repeal of section 25 of the National Health Service Act 2006 (“the 2006 Act”) (subsection (4) of which gives Schedule 4 effect) but this provision is not yet in force. Paragraphs 5 and 7 of Schedule 4 to the 2006 Act are amended by paragraph 22(2) and (4) of Schedule 4 to the 2012 Act but these provisions are not yet in force.

(2)

See S.I. 2010/743.

(3)

Section 3(1) of the 2006 Act was amended by section 13(1) and (2) of the 2012 Act.

(4)

Section 3B of the 2006 Act was inserted by section 15 of the 2012 Act. The regulations made under that section are currently the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996).

(5)

Section 2B of the 2006 Act was inserted by section 12 of the 2012 Act.

(6)

Paragraph 1 of Schedule 1 to the 2006 Act was amended by section 17(2) and (3) of the 2012 Act.

(7)

Paragraph 2 of Schedule 1 to the 2006 Act was amended by section 17(2) and (4) of the 2012 Act, and paragraph 7A of Schedule 1 to the 2006 Act was inserted by section 143(1) of the Health and Social Care Act 2008 (c. 14) and amended by section 17(2) and (7) of the 2012 Act.

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

in force

Provision is in force

in force*

In force only for specified purposes (for detail about the purposes see/hover footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

italics

Defined term

_dfn

Defined term (alternative style)

gry bckgrd

the in-force status of the provision is complex, check the footnotes

footnote	commentary	related provisions	insert/omit
F1	Words in Order substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F2	Words in art. 1(2) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 211(2)(a)		substituted
F3	Words in art. 1(2) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 211(2)(b)		substituted
F4	Words in Order substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1		substituted
F5	Words in art. 1(2) omitted (10.3.2014) by virtue of The Gloucestershire Care Services National Health Service Trust (Establishment) Amendment Order 2014 (S.I. 2014/358), arts. 1(1), 2		omitted
F6	Words in art. 4(1) substituted (1.4.2017) by The Gloucestershire Care Services National Health Service Trust (Establishment) (Amendment) Order 2017 (S.I. 2017/388), arts. 1, 2		substituted
F7	Words in art. 4(1) substituted (10.3.2014) by The Gloucestershire Care Services National Health Service Trust (Establishment) Amendment Order 2014 (S.I. 2014/358), arts. 1(1), 3		substituted
F8	Art. 5 substituted (10.3.2014) by The Gloucestershire Care Services National Health Service Trust (Establishment) Amendment Order 2014 (S.I. 2014/358), arts. 1(1), 4		substituted
F9	Art. 6 revoked (10.3.2014) by The Gloucestershire Care Services National Health Service Trust (Establishment) Amendment Order 2014 (S.I. 2014/358), arts. 1(1), 5(a)
F10	Art. 7 revoked (10.3.2014) by The Gloucestershire Care Services National Health Service Trust (Establishment) Amendment Order 2014 (S.I. 2014/358), arts. 1(1), 5(b)
I1	Art. 1 in force at 22.3.2013, see art. 1(1)
I2	Art. 2 in force at 22.3.2013, see art. 1(1)
I3	Art. 3 in force at 22.3.2013, see art. 1(1)
I4	Art. 4 in force at 22.3.2013, see art. 1(1)
I5	Art. 5 in force at 22.3.2013, see art. 1(1)

Defined Term	Section/Article	ID
community health services	art. 1.	def_9417f666de
establishment date	art. 1.	def_f87b83ba96
the Act	art. 1.	def_ac13deefe8
the trust	art. 1.	def_c375d9f22f

2013 No. 531

The Gloucestershire Care Services National Health Service Trust (Establishment) Order 2013

Citation, commencement and interpretationI1

Establishment and name of the trustI2

Nature and functions of the trustI3

Directors of the trustI4

[F8Accounting date of the trust I5