The London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) Order 2014

Made: 18th September 2014

Coming into force: 24th September 2014

The Secretary of State for Health makes this Order on the application of the Ealing Hospital National Health Service Trust and the North West London Hospitals 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 2006 Act.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) Order 2014.

• (2) This Order comes into force—

• (a) subject to sub-paragraph (b), on 24th September 2014 for this article, articles 2 to 4, 5(2) 6 and 7; and

• (b) on 1st October 2014 for articles 5(1) and 8.

• (3) In this Order—

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

• “community health services” means any services—whose provision must be arranged by an integrated care board under section 3(1)(g) or (i) of the 2006 Act[^f00002];which are of a kind mentioned in section 3(1)(g) or (i) of the 2006 Act, but—whose provision must be arranged by NHS England under regulations made under section 3B of the 2006 Act[^f00004]; orwhich may be provided by the Secretary of State or a local authority under section 2B of the 2006 Act[^f00005];which a local authority must provide under paragraph 1 of Schedule 1 to the 2006 Act[^f00006];which a local authority may provide under paragraph 2 or 7A of Schedule 1 to the 2006 Act[^f00007]; orwhich the Secretary of State must provide under paragraph 8 of Schedule 1 to the 2006 Act;

• ...

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

Establishment and name of the trust

2

There is established a National Health Service trust which is called the London North West University Healthcare National Health Service Trust.

Functions of the trust

3

The trust’s functions are 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 must 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 2006 Act, one of the non-executive directors must be appointed from the Imperial College of Science, Technology and Medicine.

• (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 must increase during the period of suspension by the number of persons so suspended.

Operational date and accounting date of the trust

5

The accounting date of the trust is 31st March.

Limited functions prior to operational date

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge of liabilities prior to operational date

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dissolution of NHS trusts and revocation

8

• (1) The following NHS trusts are dissolved—

• (a) The Ealing Hospital National Health Service Trust[^f00010]; and

• (b) The North West London Hospitals National Health Service Trust[^f00011].

• (2) The following Orders are revoked—

• (a) The Ealing Hospital National Health Service Trust (Establishment) Order 1991; and

• (b) The North West London Hospitals National Health Service Trust (Establishment) Order 1999.

Signed

Signed by authority of the Secretary of State for Health.

Earl Howe — Parliamentary Under-Secretary of State, — Department of Health — 18th September 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order establishes on 24th September 2014 a National Health Service trust called the London North West Healthcare National Health Service Trust (“the trust”).

The Order sets out the functions of the trust (article 3) and the number of executive and non-executive directors of the trust (article 4). It also sets out the operational date (the date on which the trust assumes all its functions) as 1st October 2014, the accounting date of the trust (article 5), the limited functions that the trust may carry out during the period beginning on 24th September 2014 and the operational date (articles 2 and 6) and makes provision for the discharge of liabilities during that period by the National Health Service Trust Development Authority (article 7).

Article 8 provides for the dissolution on 1st October 2014 of the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust and accordingly revokes the Ealing Hospital National Health Service Trust (Establishment) Order 1991 and the North West London Hospitals National Health Service Trust (Establishment) Order 1999.

Footnotes

[^f00001]: 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 and paragraph 28 of Schedule 4 to, the National Health Service Act 2006 (“the 2006 Act”) (section 25(4) gives Schedule 4 effect) but section 179(2) 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.

[^f00002]: Section 3(1) of the 2006 Act was amended by section 13 of the 2012 Act.

[^f00004]: 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, amended by S.I. 2013/261, S.I. 2013/2891, S.I. 2014/91 and S.I. 2014/452.

[^f00005]: Section 2B of the 2006 Act was inserted by section 12 of the 2012 Act.

[^f00006]: Paragraph 1 of Schedule 1 to the 2006 Act was amended by section 17(2) and (3) of the 2012 Act.

[^f00007]: 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.

[^f00010]: Established by S.I. 1991/2340, amended by S.I. 2010/185 and S.I. 2013/593.

[^f00011]: Established by S.I. 1999/913.

Editorial notes

[^key-90893288998b70e63c2bd90a1b99a1bb]: Art. 1 in force at 24.9.2014, see art. 1(2)(a)

[^key-aed4fd8f38537b938697afcef61675c7]: Art. 2 in force at 24.9.2014, see art. 1(2)(a)

[^key-3e590ee6a049f80ce6a30e04de9ba7b4]: Art. 3 in force at 24.9.2014, see art. 1(2)(a)

[^key-f010d4c0cc516ca0e19b5a2f4b4bc07b]: Art. 4 in force at 24.9.2014, see art. 1(2)(a)

[^key-cfd6f3272848e89d8ce2fb63355481ed]: Art. 8 in force at 1.10.2014, see art. 1(2)(b)

[^key-5e359a1ea8021488a5fc9f3b69e81221]: Words in art. 1(3) omitted (1.12.2017) by virtue of The London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) (Amendment) Order 2017 (S.I. 2017/1153), arts. 1(1), 4(1)

[^key-52ecac1669e24846c3730ed259fc6c30]: Word in art. 2 inserted (1.12.2017) by The London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) (Amendment) Order 2017 (S.I. 2017/1153), arts. 1(1), 2(1) (with art. 2(2))

[^key-aa13a08961a465bee50efb402dbd6d5c]: Words in art. 4(2) substituted (1.12.2017) by The London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) (Amendment) Order 2017 (S.I. 2017/1153), arts. 1(1), 3

[^key-7e07ea75a8096d97e2a1740271098556]: Art. 5 substituted (1.12.2017) by The London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) (Amendment) Order 2017 (S.I. 2017/1153), arts. 1(1), 4(2)

[^key-4aa3c104f4240bb0a9951bbbe4e0a4be]: Art. 6 revoked (1.12.2017) by The London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) (Amendment) Order 2017 (S.I. 2017/1153), arts. 1(1), 5

[^key-c51f3679a98163efdec3ccf25c89bd2c]: Art. 7 revoked (1.12.2017) by The London North West Healthcare National Health Service Trust (Establishment) and the Ealing Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust (Dissolution) (Amendment) Order 2017 (S.I. 2017/1153), arts. 1(1), 5

[^key-30414b8cc2ea65a9ba50a038d9b3e788]: Words in art. 1(3) 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), 214(2)(a)

[^key-ff5b139659e68575de5f13735107e8fc]: Words in art. 1(3) 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), 214(2)(b)

[^key-bb80a9abc73c59278dcc129cfd6ce7c6]: 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))

[^key-e920f26fe20bc6514189eeb6d30b058d]: 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

Accounting date of the trust