Appendix 4
S.I. 2011/2962: memorandum from the Department
for Health
NHS Foundation Trusts (Trust Funds: Appointment
of Trustees) Amendment Order 2011 (S.I. 2011/2962)
1. In its letter to the Department of 18th
January 2012, the Joint Committee requested a memorandum on the
following point:
Explain how the proposition in the new paragraph
(3) inserted in article 2 of the Appointment Order by article
3 and the two propositions in the new article 3A inserted in the
Appointment Order by article 5 are intended to relate to each
other and how that intention is achieved
2. The Department's response to the Committee's
point is outlined below.
3. The new paragraph (3) inserted into article
2 of the NHS Foundation Trusts (Trust Funds: Appointment of Trustees)
Order 2007 ("Appointment Order") by article 3 provides
that the Appointments Commission must appoint as trustee for the
NHS foundation trust ("FT") specified in column 1 of
Schedule 2 to the Appointment Order (namely the Royal Brompton
and Harefield FT) the company listed adjacent to it in column
2 of Schedule 2.
New article 3A(1) of the Appointment Order (inserted
by article 5) then provides that the Appointments Commission must
not appoint a company as trustee for an FT, except in relation
to the FT specified in Schedule 2 (i.e. the Royal Brompton and
Harefield FT), in respect of which the Appointments Commission
is under a duty under article 2(3) of the Appointment Order to
appoint a specified company as trustee for that FT. The purpose
of article 3A(1) is to make clear that the Appointments Commission
should not appoint a company as a trustee for any of the other
FTs in respect of which it has the duty to appoint trustees under
article 2(1) of the Appointment Order. Instead, it should appoint
individuals to be trustees for the other FTs.
New article 3A(2) of the Appointment Order (inserted
by article 5) then provides that where the Appointments Commission
appoints a company as trustee, which will, in fact, be where it
appoints a company as trustee for the Royal Brompton and Harefield
FT in accordance with its duty to do so under article 2(3) of
the Appointment Order, that appointment is to be subject to specified
conditions.
Department for Health
24th January 2012
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