The Kent and Medway National Health Service and Social Care Partnership Trust (Establishment) and the West Kent National Health Service and Social Care Trust and the East Kent National Health Service and Social Care Partnership Trust (Dissolution) (Amendment) Order 2025
The 2025 Order amended the 2006 Order establishing the Kent and Medway NHS Trust, renaming it, updating its functions, and removing obsolete clauses.
The Kent and Medway National Health Service and Social Care Partnership Trust (Establishment) and the West Kent National Health Service and Social Care Trust and the East Kent National Health Service and Social Care Partnership Trust (Dissolution) (Amendment) Order 2025 amends the 2006 Order establishing the Kent and Medway National Health Service and Social Care Partnership Trust.
The amendment changes the Trust's name to 'Kent and Medway Mental Health National Health Service Trust', updates its defined functions to 'provide goods and services for the purposes of the health service,' and removes outdated provisions such as the 'operational date' and unnecessary definitions.
The changes take effect on October 13, 2025, and extend to England and Wales.
Arguments For
- Streamlining NHS Trust Governance:
The name change and functional updates enhance clarity and efficiency, aligning the Trust's structure and operations with its current mandate and responsibilities.
- Improved Accuracy and Transparency:
Removing obsolete definitions and updating the Trust's name accurately reflects its present activities and improves transparency for stakeholders.
- Efficiency and Reduced Bureaucracy:
Removing unnecessary provisions such as the 'operational date' simplifies administrative processes and reduces bureaucratic burdens.
Arguments Against
- Potential for Confusion:
The name change, while intending to clarify function, could initially cause confusion among patients and service providers accustomed to the previous name.
- Unforeseen Consequences of Functional Changes:
Altering the Trust's described functions, however minor, may indirectly impact service delivery needing further evaluation.
- Resource Implications:
While a full impact assessment wasn't deemed necessary, there may be minor resource reallocations required for updating systems and communications to reflect the changes.
- Citation, commencement, interpretation and extent (1) This Order may be cited as the Kent and Medway National Health Service and Social Care Partnership Trust (Establishment) and the West Kent National Health Service and Social Care Trust and the East Kent National Health Service and Social Care Partnership Trust (Dissolution) (Amendment) Order 2025. (2) This Order comes into force on 13th October 2025. (3) In this Order “Establishment Order” means the Kent and Medway National Health Service and Social Care Partnership Trust (Establishment) and the West Kent National Health Service and Social Care Trust and the East Kent National Health Service and Social Care Partnership Trust (Dissolution) Order 20063. (4) This Order extends to England and Wales.
Section 1 provides the Order's official title, effective date (October 13, 2025), defines "Establishment Order" as the 2006 order being amended, and specifies its geographical jurisdiction as England and Wales.
It establishes the legal citation for future reference.
- Amendment of interpretation provision In article 1(2) of the Establishment Order (citation, commencement and interpretation)— (a) omit the definitions of “the Act”, “community health services” and “operational date”; and (b) in the definition of “the trust” for “Kent and Medway National Health Service and Social Care Partnership Trust” substitute “Kent and Medway Mental Health National Health Service Trust”.
Section 2 details amendments to the 2006 Order's interpretation section.
Specifically, it removes the definitions of "the Act," "community health services," and "operational date." It also replaces the original definition of 'the trust' with the updated name, 'Kent and Medway Mental Health National Health Service Trust'.
- Change of name and savings (1) In article 2 of the Establishment Order (establishment and name of the trust), for “Kent and Medway National Health Service and Social Care Partnership Trust” substitute “Kent and Medway Mental Health National Health Service Trust”. (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 Kent and Medway National Health Service and Social Care Partnership Trust, and all instruments and other documents which refer to that name, must be construed as referring to the Kent and Medway Mental Health National Health Service Trust.
Section 3 formally changes the Trust's name within the 2006 Order.
Additionally, it includes a 'savings' clause ensuring that the name change does not affect pre-existing legal rights, obligations, or documents.
Any reference to the old name will be interpreted as referring to the new name.
- Change to nature and functions of the trust For article 3 of the Establishment Order (nature and functions of the trust), and the heading to that article, substitute— "Functions of the trust3. The trust’s functions are to provide goods and services for the purposes of the health service."
Section 4 replaces the original description of the Trust's nature and functions with a concise statement: the Trust will provide goods and services for the health service. This streamlines the description of the Trust's operational purpose.
- Removal of specification of “operational date” For article 5 of the Establishment Order (operational date and accounting date of the trust), and the heading to that article, substitute— “Accounting date5. The accounting date of the trust is 31st March.”
Section 5 removes the 'operational date' specification from the 2006 Order as it is no longer relevant.
It replaces the original article with a simple statement specifying the accounting date as March 31st.
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