The East and North Hertfordshire National Health Service Trust (Establishment) (Amendment) Order 2025
This order amends the 2000 Establishment Order for the East and North Hertfordshire NHS Trust.
It changes the trust's name to include "Teaching," updates its functions to focus on providing health services, modifies the director structure by adding non-executive directors (one from the University of Hertfordshire), and removes outdated provisions relating to its operational date.
The changes aim to modernize the trust's governance and legal framework.
Arguments For
Improved clarity and efficiency: The amendments streamline the Establishment Order by removing outdated clauses relating to the trust's operational date and removing irrelevant definitions, resulting in a more concise and easily understandable document.
Enhanced governance: The changes to the director requirements, including increasing the number of non-executive directors and mandating one from the University of Hertfordshire, potentially improve the trust’s governance and oversight, bringing in expertise from academia.
Accurate reflection of current status: The order updates the trust's name and functions to accurately reflect its present operational reality and responsibilities.
Legal compliance: The order ensures the Establishment Order remains compliant with current NHS legislation and best practices, adhering to section 25 of the 2006 Act by completing the required consultation process.
Arguments Against
Potential for unintended consequences: While seemingly minor, changes to the Establishment Order always carry a risk of unforeseen effects on the trust’s internal operations or relationships with other stakeholders.
Resource implications: Implementing the changes, particularly those concerning director appointments, might involve administrative and time costs for the trust and related institutions.
Alternative approaches: The changes could potentially have been achieved through less formal means, such as internal memoranda or standard operational procedures, minimizing the need for formal legislative amendment.
Lack of public engagement: While consultation took place, the amendments may not have engaged the broader NHS community or public in a comprehensive fashion, raising concerns about transparency and accountability.
Citation, commencement, interpretation and extent 1.
(1)
This Order may be cited as the East and North Hertfordshire National Health Service Trust (Establishment) (Amendment) Order 2025 and comes into force on 1st April 2025.
(2)
In this Order, “Establishment Order” means the East and North Hertfordshire National Health Service Trust (Establishment) Order 2000³.
(3)
This Order extends to England and Wales.
This section establishes the title and effective date (April 1st, 2025) of the amendment order.
It defines the "Establishment Order" as the 2000 order being amended and specifies that the amendment applies to England and Wales.
Amendment of interpretation provision 2.
For article 1(2) of the Establishment Order (citation, commencement and interpretation), substitute—
(2)
In this Order, “the trust” means the East and North Hertfordshire Teaching National Health Service Trust established by article 2 of this Order.”.
This section replaces an existing definition within the Establishment Order.
It redefines "the trust" as the East and North Hertfordshire Teaching National Health Service Trust, as established in article 2 of the amended order.
Change of name and savings 3.
(1)
In article 2 of the Establishment Order (establishment and name of the trust), after “East and North Hertfordshire” insert “Teaching”.
(2)
The change of name effected by paragraph (1) does not—
(a)
affect any right or obligation of any person, or
(b)
invalidate any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the East and North Hertfordshire National Health Service Trust, and all instruments or other documents which refer to that name must be construed as referring to the East and North Hertfordshire Teaching National Health Service Trust.
This section changes the trust's name to add "Teaching." It ensures that this name change does not affect existing legal rights, obligations, or documents referring to the prior name; all such documentation will continue to be valid and will be taken to refer to the new name.
Change to nature and functions of the trust 4.
For article 3 of the Establishment Order (nature and functions of the trust) (including the heading), substitute—
Functions of the trust 3.
The trust’s functions are to provide goods and services for the purposes of the health service.”.
This section replaces the description of the trust's functions in the Establishment Order to simply state that its function is to provide goods and services for the health service.
Change of requirements relating to directors 5.
For article 4 of the Establishment Order (directors of the trust), substitute—
4. (1) The trust must have, in addition to the chairman, 5 executive directors and 6 non-executive directors. (2) Since the trust is to be regarded as having significant teaching commitment, within the meaning of paragraph 5(1)(d) of Schedule 4 to the National Health Service Act 2006, one of the non-executive directors must be appointed from the University of Hertfordshire.”.
This section alters the requirements for the trust's directors.
It increases the number of non-executive directors to six, specifying that one must be from the University of Hertfordshire because of the trust's strong teaching involvement.
Removal of specification of “operational date” 6.
For article 5 of the Establishment Order (operational date and accounting date of the trust) (including the heading), substitute—
Accounting date 5.
The accounting date of the trust is 31st March.”.
This removes the reference to the trust's "operational date" from the Establishment Order, retaining only the accounting date of March 31st.
This is presumably because the operational date is no longer relevant.
Revocation of expired provisions 7.
Article 6 (limited functions before operational date) and article 7 (assistance by health authorities before operational date) of the Establishment Order are revoked.
This section revokes articles 6 and 7 of the Establishment Order.
These articles are obsolete, having dealt with the trust's functions and assistance before its operational date, which is no longer a relevant consideration.
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