Statutory Instruments
2013 No. 593
National Health Service, England
The National Health Service Trusts (Establishment) Amendment Order 2013
Made
12th March 2013
Coming into force
1st April 2013
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 25(1), 272(7) and 273(1) of, and paragraph 5(2) of Schedule 4 to, the National Health Service Act 2006( 1 ).
Citation and commencement
1. This Order may be cited as the National Health Service Trusts (Establishment) Amendment Order 2013 and comes into force on 1st April 2013.
Amendment of National Health Service Trust establishment Orders
2. —(1) For the definition of “community health services” in article 1(2) of each of the Orders listed in Schedule 1, substitute—
“ “community health services” means any services—
whose provision must be arranged by a clinical commissioning group under section 3(1)(d) or (e) of the Act ( 2 ) ;
which are of a kind mentioned in section 3(1)(d) or (e) of the Act, but—
whose provision must be arranged by the Board under regulations made under section 3B of the Act ( 3 ) ; or
which may be provided by the Secretary of State or a local authority under section 2B of the Act;
which a local authority must provide under paragraph 1 of Schedule 1 to the Act ( 4 ) ;
which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the Act ( 5 ) ; or
which the Secretary of State must provide under paragraph 8 of Schedule 1 to the Act; ” .
(2) In article 1(2) of each of the Orders listed in Schedule 2—
(a) before the definition of “the Act”, insert—
“ “the 2006 Act ” means the National Health Service Act 2006; ” , and
(b) for the definition of “community health services” substitute—
“ “community health services” means any services—
whose provision must be arranged by a clinical commissioning group under section 3(1)(d) or (e) of the 2006 Act;
which are of a kind mentioned in section 3(1)(d) or (e) of the 2006 Act, but—
whose provision must be arranged by the Board under regulations made under section 3B of the 2006 Act; or
which may be provided by the Secretary of State or a local authority under section 2B of the 2006 Act;
which a local authority must provide under paragraph 1 of Schedule 1 to the 2006 Act;
which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the 2006 Act; or
which the Secretary of State must provide under paragraph 8 of Schedule 1 to the 2006 Act; ” .
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
12th March 2013
Article 2(1)
SCHEDULE 1
Name of National Health Service Trust establishment Order | Statutory instrument number |
|---|---|
| Walsall Hospitals National Health Service Trust (Establishment) Order 1990( 6 ) | S.I. 1990/2451 |
| Ealing Hospital National Health Service Trust (Establishment) Order 1991( 7 ) | S.I. 1991/2340 |
| South Downs Health National Health Service Trust (Establishment) Order 1991( 8 ) | S.I. 1991/2401 |
| Whittington Hospital National Health Service Trust (Establishment) Order 1992( 9 ) | S.I. 1992/2510 |
| North Staffordshire Hospital Centre National Health Service Trust (Establishment) Order 1992( 10 ) | S.I. 1992/2559 |
| Mayday Healthcare National Health Service Trust (Establishment) Order 1993( 11 ) | S.I. 1993/27 |
| Lewisham Hospital National Health Service Trust (Establishment) Order 1993( 12 ) | S.I. 1993/694 |
| Churchill John Radcliffe National Health Service Trust (Establishment) Order 1993( 13 ) | S.I. 1993/2544 |
| George Eliot Hospital National Health Service Trust (Establishment) Order 1993( 14 ) | S.I. 1993/2551 |
| Hereford Hospitals National Health Service Trust (Establishment) Order 1993( 15 ) | S.I. 1993/2552 |
| Northampton General Hospital National Health Service Trust (Establishment) Order 1993( 16 ) | S.I. 1993/2561 |
| Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Order 1993( 17 ) | S.I. 1993/2574 |
| Nottinghamshire Healthcare National Health Service Trust (Establishment) Order 2000( 18 ) | S.I. 2000/2908 |
| Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Order 2001( 19 ) | S.I. 2001/1330 |
| Mid Yorkshire Hospitals National Health Service Trust (Establishment) and the Pinderfields and Pontefract Hospitals National Health Service Trust and the Dewsbury Health Care National Health Service Trust (Dissolution) Order 2002( 20 ) | S.I. 2002/1341 |
| East Lancashire Hospitals National Health Service Trust (Establishment) and the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust and Burnley Health Care National Health Service Trust (Dissolution) Order 2002( 21 ) | S.I. 2002/2073 |
| Buckinghamshire Hospitals National Health Service Trust (Establishment) and the South Buckinghamshire National Health Service Trust and Stoke Mandeville Hospital National Health Service Trust (Dissolution) Order 2002( 22 ) | S.I. 2002/2419 |
| East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Order 2002( 23 ) | S.I. 2003/216 |
| Imperial College Healthcare National Health Service Trust (Establishment) and the Hammersmith Hospitals National Health Service Trust and the St Mary’s National Health Service Trust (Dissolution) Order 2007 | S.I. 2007/2755 |
| Walsall Mental Health Partnership National Health Service Trust (Establishment) Order 2008 | S.I. 2008/2431 |
| Western Sussex Hospitals National Health Service Trust (Establishment) and the Royal West Sussex National Health Service Trust and the Worthing and Southlands Hospitals National Health Service Trust (Dissolution) Order 2009 | S.I. 2009/750 |
| South London Healthcare National Health Service Trust (Establishment) and the Bromley Hospitals National Health Service Trust, the Queen Elizabeth Hospital National Health Service Trust and the Queen Mary’s Sidcup National Health Service Trust (Dissolution) Order 2009 | S.I. 2009/772 |
| Cambridgeshire Community Services National Health Service Trust (Establishment) Order 2010 | S.I. 2010/727 |
| Birmingham Community Healthcare National Health Service Trust (Establishment) Order 2010 | S.I. 2010/2460 |
| Central London Community Healthcare National Health Service Trust (Establishment) Order 2010 | S.I. 2010/2462 |
| Eastern and Coastal Kent Community Health National Health Service Trust (Establishment) Order 2010 | S.I. 2010/2463 |
| Hertfordshire Community National Health Service Trust (Establishment) Order 2010 | S.I. 2010/2464 |
| Liverpool Community Health National Health Service Trust (Establishment) Order 2010 | S.I. 2010/2465 |
| Norfolk Community Health and Care National Health Service Trust (Establishment) Order 2010 | S.I. 2010/2466 |
| Ashton, Leigh and Wigan Community Healthcare National Health Service Trust (Establishment) Order 2010 | S.I. 2010/2485 |
| Derbyshire Community Health Services National Health Service Trust (Establishment) Order 2011 | S.I. 2011/798 |
| Hounslow and Richmond Community Healthcare National Health Service Trust (Establishment) Order 2011 | S.I. 2011/799 |
| Leeds Community Healthcare National Health Service Trust (Establishment) Order 2011 | S.I. 2011/800 |
| Lincolnshire Community Health Services National Health Service Trust (Establishment) Order 2011 | S.I. 2011/802 |
| Solent National Health Service Trust (Establishment) Order 2011 | S.I. 2011/804 |
| Wirral Community National Health Service Trust (Establishment) Order 2011 | S.I. 2011/805 |
| Shropshire Community Health National Health Service Trust (Establishment) Order 2011 | S.I. 2011/1519 |
| Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011 | S.I. 2011/1520 |
| Staffordshire and Stoke on Trent Partnership National Health Service Trust (Establishment) Order 2011 | S.I. 2011/2007 |
| Isle of Wight National Health Service Trust (Establishment) Order 2012 | S.I. 2012/786 |
| Torbay and Southern Devon Health and Care National Health Service Trust (Establishment) Order 2012 | S.I. 2012/788 |
| Barts National Health Service Trust (Establishment) and the Barts and The London National Health Service Trust, the Newham UniversityHospital National Health Service Trust and the Whipps Cross University Hospital National Health Service Trust (Dissolution) Order 2012 | S.I. 2012/796 |
Article 2(2)
SCHEDULE 2
Name of National Health Service Trust establishment Order | Statutory instrument number |
|---|---|
| Royal Free Hampstead National Health Service Trust (Establishment) Order 1990 | S.I. 1990/2435 |
| St Helens and Knowsley Hospital Services National Health Service Trust (Establishment) Order 1990( 24 ) | S.I. 1990/2446 |
| Weston Area National Health Service Trust (Establishment) Order 1990 | S.I. 1990/2455 |
| Northern Devon Healthcare National Health Service Trust (Establishment) Order 1991 | S.I. 1991/109 |
| Bath Mental Health Care National Health Service Trust (Establishment) Order 1991 | S.I. 1991/2328 |
| Mid Essex Hospital Services National Health Service Trust (Establishment) Order 1991 | S.I. 1991/2370 |
| Royal United Hospital, Bath, National Health Service Trust (Establishment) Order 1991 | S.I. 1991/2392 |
| East Cheshire National Health Service Trust (Establishment) Order 1992 | S.I. 1992/2461 |
| Southern Derbyshire Mental Health National Health Service Trust (Establishment) Order 1992( 25 ) | S.I. 1992/2473 |
| Walsgrave Hospitals National Health Service Trust (Establishment) Order 1993( 26 ) | S.I. 1993/811 |
| Hinchingbrooke Health Care National Health Service Trust (Establishment) Order 1993 | S.I. 1993/823 |
| Plymouth Hospitals National Health Service Trust (Establishment) Order 1993 | S.I. 1993/2568 |
| North Staffordshire Combined Healthcare National Health Service Trust (Establishment) Order 1993 | S.I. 1993/2635 |
| Royal West Sussex National Health Service Trust (Establishment) Order 1994 | S.I. 1994/166 |
| Pathfinder National Health Service Trust (Establishment) Order 1994 | S.I. 1994/3178 |
| London Ambulance Service National Health Service Trust (Establishment) Order 1996( 27 ) | S.I. 1996/90 |
| Surrey and Sussex Healthcare National Health Service Trust (Establishment) Order 1998 | S.I. 1998/651 |
| Leicestershire and Rutland Healthcare National Health Service Trust (Establishment) Order 1998 | S.I. 1998/3069 |
| Carmarthenshire National Health Service Trust (Establishment) Order 1998 | S.I. 1998/3316 |
| North Bristol National Health Service Trust (Establishment) Order 1999 | S.I. 1999/625 |
| Epsom and St Helier National Health Service Trust (Establishment) Order 1999 | S.I. 1999/848 |
| UniversityHospitals of Leicester National Health Service Trust (Establishment) Order 1999 | S.I. 1999/2921 |
| Maidstone and Tunbridge Wells National Health Service Trust (Establishment) Order 2000 | S.I. 2000/237 |
| East and North Hertfordshire National Health Service Trust (Establishment) Order 2000 | S.I. 2000/535 |
| West London Mental Health National Health Service Trust (Establishment) Order 2000 | S.I. 2000/2562 |
| North and East Devon Partnership National Health Service Trust (Establishment) Order 2001 | S.I. 2001/1230 |
| Mersey Care National Health Service Trust (Establishment) Order 2001 | S.I. 2001/1888 |
| Bradford District Care Trust (Establishment) and the Bradford Community Health National Health Service Trust (Dissolution) Order 2002 | S.I. 2002/1322 |
| Sandwell and West Birmingham Hospitals National Health Service Trust (Establishment) and the City Hospital National Health Service Trust and Sandwell Healthcare National Health Service Trust (Dissolution) Order 2002 | S.I. 2002/1364 |
| Shrewsbury and Telford Hospital National Health Service Trust (Establishment) and the Princess Royal Hospital National Health Service Trust and the Royal Shrewsbury Hospitals National Health Service Trust (Dissolution) Order 2003 | S.I. 2003/2346 |
| Nottingham UniversityHospitals National Health Service Trust (Establishment) and the Nottingham City Hospital National Health Service Trust and the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust (Dissolution) Order 2006 | S.I. 2006/782 |
| East of England Ambulance Service National Health Service Trust (Establishment) Order 2006 | S.I. 2006/1619 |
| East Midlands Ambulance Service National Health Service Trust (Establishment) Order 2006 | S.I. 2006/1620 |
| North West Ambulance Service National Health Service Trust (Establishment) Order 2006 | S.I. 2006/1622 |
| West Midlands Ambulance Service National Health Service Trust (Establishment) Order 2006 | S.I. 2006/1626 |
| Yorkshire Ambulance Service National Health Service Trust (Establishment) Order 2006 | S.I. 2006/1627 |
2006 c. 41 . The powers conferred by the National Health Service Act 2006 (“the 2006 Act”) and exercised by the Secretary of State in making this Order are exercisable only in relation to England by virtue of section 271(1) of that Act.
Section 3(1) of the 2006 Act was amended by section 13(1) and (2) of the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”).
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 ).
Paragraph 1 of Schedule 1 to the 2006 Act was amended by section 17(2) and (3) of the 2012 Act.
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.
The definition of “community health services” was inserted into this Order by S.I. 2011/791 .
The definition of “community health services” was inserted into this Order by S.I. 2010/185 .
The definition of “community health services” was inserted into this Order by S.I. 2010/2229 .
The definition of “community health services” was inserted into this Order by S.I. 2011/1184 .
The definition of “community health services” was inserted into this Order by S.I. 2009/3085 .
The definition of “community health services” was inserted into this Order by S.I. 2010/2230 .
The definition of “community health services” was inserted into this Order by S.I. 2010/100 .
The definition of “community health services” was inserted into this Order by S.I. 2011/2397 .
The definition of “community health services” was inserted into this Order by S.I. 2009/1510 .
The definition of “community health services” was inserted into this Order by S.I. 2011/891 .
The definition of “community health services” was inserted into this Order by S.I. 2011/1183 .
The definition of “community health services” was inserted into this Order by S.I. 2012/1837 .
The definition of “community health services” was inserted into this Order by S.I. 2011/1518 .
The definition of “community health services” was inserted into this Order by S.I. 2011/57 .
The definition of “community health services” was inserted into this Order by S.I. 2009/1577 .
The definition of “community health services” was inserted into this Order by S.I. 2011/2223 .
The definition of “community health services” was inserted into this Order by S.I. 2010/2461 .
The definition of “community health services” was inserted into this Order by S.I. 2011/1185 .
The definition of “community health services” was inserted into this Order by S.I. 1999/632 .
The definition of “community health services” was inserted into this Order by S.I. 2001/1606 .
The definition of “community health services” was inserted into this Order by S.I. 2000/2886 .
The definition of “community health services” was inserted into this Order by S.I. 2006/1628 .