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STATUTORY INSTRUMENTS
2005 No. 2627
NATIONAL HEALTH SERVICE, ENGLAND
Torbay Primary Care Trust (Change of Name) (Establishment) Amendment Order 2005
| |
Made |
20th September 2005 | |
| |
Coming into force |
1st October 2005 | |
The Secretary of State for Health, in exercise of the powers conferred upon her by sections 16A(1) and (2) and 126(3) of, and paragraph 1 of Schedule 5A to, the National Health Service Act 1977[1] and section 45 of the Health and Social Care Act 2001[2], being of the opinion that designation of the Torbay Primary Care Trust as a Care Trust would be likely to promote the effective exercise by that trust of functions as specified in section 45(1)(b) of that Act, and of all other powers enabling her in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1.
—(1) This Order may be cited as the Torbay Primary Care Trust (Change of Name) (Establishment) Amendment Order 2005 and shall come into force on 1st October 2005.
(2) In this Order—
"the Establishment Order" means the Torbay Primary Care Trust (Establishment) Order 2000[3]; and
"the trust" means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2.
The trust shall be called the Torbay Care Trust instead of the Torbay Primary Care Trust, and accordingly—
(a) in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of "the trust"; and
(b) in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
the words "Torbay Primary Care Trust" shall be replaced by the words "Torbay Care Trust".
Effect of change of name
3.
The change of name effected by article 2 of this Order shall not—
(a) affect any right or obligation of any person; or
(b) be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Designation as a Care Trust
4.
In article 2 of the Establishment Order (establishment and name of the Primary Care Trust) there shall be added at the end the following paragraph—
"
(2) The trust is designated as a Care Trust.".
Signed by authority of the Secretary of State
Liam Byrne
Parliamentary Under Secretary of State, Department of Health
20th September 2005
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Torbay Primary Care Trust (Establishment) Order 2000, which established the Torbay Primary Care Trust.
Article 2 of the Order changes the name of the trust from the Torbay Primary Care Trust to the Torbay Care Trust, and makes consequential amendments to the Establishment Order. Article 3 makes provision as to the effect of the change of name.
Article 4 designates the trust as a Care Trust, as provided for in section 45 of the Health and Social Care Act 2001.
Notes:
[1]
1977 c.49; section 16A was inserted by section 2(1) of the Health Act 1999 (c.8) ("the 1999 Act"); section 16A(1) was substituted for section 16A(1) as originally enacted by sections 2(1) and (2) of the National Health Service Reform and Health Care Professions Act 2002 (c.17); section 126(3) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c.19), paragraph 57 of Schedule 1 to the Health Authorities Act 1995 (c.17) and section 41(10) of, and paragraph 27 of Schedule 2 to, the National Health Service (Primary Care) Act 1997 (c.46); paragraph 1 of Schedule 5A was inserted by section 2(2) of the 1999 Act. The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 ("the 1999 Order"); see the entry in Schedule 1 to the 1999 Order for the National Health Service Act 1977 as amended by section 66(4) and (5)(a) of the 1999 Act, section 67(1) of, and paragraph 12(1) and (3) of Schedule 5 to, the Health and Social Care Act 2001 (c.15) and section 196 of, and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c.43).back
[2]
2001 c.15. For the purposes of that Act, the relevant authority is defined by section 66 to mean, in relation to England, the Secretary of State.back
[3]
S.I. 2000/2154, which was amended by S.I. 2002/1405.back
ISBN
0 11 073369 X
| © Crown copyright 2005 |
Prepared
28 September 2005
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