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[^f00001].

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[^f00002]; 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[^f00003]; 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[^f00004]; which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the Act[^f00005]; 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;

SCHEDULE 1

SCHEDULE 2

Signed

Signed by authority of the Secretary of State for Health.

Earl Howe — Parliamentary Under-Secretary of State, — Department of Health — 12th March 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the definition of “community health services” in the establishment Orders of the National Health Service trusts listed in the Schedules to the Order. The definition is relevant for the purposes of the functions of the trusts listed, which include the function of providing community health services for the purposes of the health service. The revised definition reflects the changes in responsibility for provision and commissioning of health services brought about by the Health and Social Care Act 2012 (c. 7) from 1st April 2013.

The definition of community health services currently refers to services which the Secretary of State provides under section 3(1)(d) or (e) of the National Health Service Act 2006 (c. 41) (“the 2006 Act”). This Order updates that reference, so that it refers instead to services whose provision is arranged by clinical commissioning groups under section 3(1)(d) or (e) of the 2006 Act. In addition, it will now include a reference to services of a kind mentioned in section 3(1)(d) or (e) of the 2006 Act, but whose provision must be arranged by the National Health Service Commissioning Board under regulations made under section 3B of the 2006 Act. These regulations are currently the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996), which require the Board to arrange for the provision of community services for serving members of the armed forces and their families. The new definition also includes a reference to services of a kind mentioned in section 3(1)(d) or (e) of the 2006 Act, but which are provided by the Secretary of State or local authorities under section 2B of the 2006 Act.

The current definition of community health services also includes services which the Secretary of State must provide under paragraph 1 or 8 of Schedule 1 to the 2006 Act, or which the Secretary of State may provide under paragraph 2 or 7A of that Schedule. These provisions relate to medical inspection of school pupils, contraceptive services and weighing and measuring of children. These references are updated by this Order so that they refer to the appropriate body (local authorities or the Secretary of State) which has responsibility for them from 1st April 2013.

Article 2 (1) and Schedule 1 make the necessary amendments to National Health Service trust establishment Orders which refer to services provided under the 2006 Act. Article 2(2) and Schedule 2 amend such Orders which refer to services provided under that Act’s predecessor, the National Health Service Act [1977 (c. 49)](https://www.legislation.gov.uk/ukpga/1977/49).

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.

Footnotes

[^f00001]: 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.

[^f00002]: 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”).

[^f00003]: 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).

[^f00004]: Paragraph 1 of Schedule 1 to the 2006 Act was amended by section 17(2) and (3) of the 2012 Act.

[^f00005]: 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.

[^f00006]: The definition of “community health services” was inserted into this Order by S.I. 2011/791.

[^f00007]: The definition of “community health services” was inserted into this Order by S.I. 2010/185.

[^f00008]: The definition of “community health services” was inserted into this Order by S.I. 2010/2229.

[^f00009]: The definition of “community health services” was inserted into this Order by S.I. 2011/1184.

[^f00010]: The definition of “community health services” was inserted into this Order by S.I. 2009/3085.

[^f00011]: The definition of “community health services” was inserted into this Order by S.I. 2010/2230.

[^f00012]: The definition of “community health services” was inserted into this Order by S.I. 2010/100.

[^f00013]: The definition of “community health services” was inserted into this Order by S.I. 2011/2397.

[^f00014]: The definition of “community health services” was inserted into this Order by S.I. 2009/1510.

[^f00015]: The definition of “community health services” was inserted into this Order by S.I. 2011/891.

[^f00016]: The definition of “community health services” was inserted into this Order by S.I. 2011/1183.

[^f00017]: The definition of “community health services” was inserted into this Order by S.I. 2012/1837.

[^f00018]: The definition of “community health services” was inserted into this Order by S.I. 2011/1518.

[^f00019]: The definition of “community health services” was inserted into this Order by S.I. 2011/57.

[^f00020]: The definition of “community health services” was inserted into this Order by S.I. 2009/1577.

[^f00021]: The definition of “community health services” was inserted into this Order by S.I. 2011/2223.

[^f00022]: The definition of “community health services” was inserted into this Order by S.I. 2010/2461.

[^f00023]: The definition of “community health services” was inserted into this Order by S.I. 2011/1185.

[^f00024]: The definition of “community health services” was inserted into this Order by S.I. 1999/632.

[^f00025]: The definition of “community health services” was inserted into this Order by S.I. 2001/1606.

[^f00026]: The definition of “community health services” was inserted into this Order by S.I. 2000/2886.

[^f00027]: The definition of “community health services” was inserted into this Order by S.I. 2006/1628.