Joint Committee on Statutory Instruments Twenty-Eighth Report


APPENDIX I

Memorandum by the Department of Health

CHICHESTER PRIORITY CARE SERVICES NATIONAL HEALTH SERVICE TRUST

(ESTABLISHMENT) AMENDMENT ORDER 1998 (S.I. 1998/321)

1.  By a letter from its Clerk dated 11th March 1998 the Committee has requested the Department to submit a Memorandum on the following points -

      (1) Given that -

      (a) the text of the paragraphs (c) and (d) of the new article 3(2) appear in the Northallerton Health Services National Health Service Trust (Establishment) Amendment Order 1998 (S.I. 1998/323), and

      (b) article 3(2) contains no provision for functions in relation to Parts III and IV of the added Schedule,

      explain what the provisions of article 3(2) were intended to be in relation to Parts III and IV of the added Schedule.

      (2) Explain what provision was intended to be included (as Article 2(b) referred to in the shoulder note to the added Schedule) to add that Schedule to the 1993 Order.

The provisions of article 3(2)

2.  The text of article 3(2) in relation to Parts III and IV of the added Schedule were intended to be:

      "(c)  to manage for the purposes of section 5(1)(a) of the Act the premises specified in Part III of the Schedule to this Order and to own the associated premises, and there to provide community health services; and

      (d)  to manage for the purposes of section 5(1)(b) of the Act the premises specified in Part IV of the Schedule to this Order and to provide the associated premises, and there to provide community health services."

The Provision to Add the Schedule to the 1993 Order

3.  The text of article 2(b) intended to add the Schedule to the 1993 Order was:

      "(b) at the end of that Order there shall be added the Schedule set out in the Schedule to this Order."

Further Comments

4.  Unfortunately, the incorrect text was added and the omissions made during the printing process after the Order had been signed in its correct form. The Department submits, therefore, that the Order was made correctly. The errors were noticed by the Department when the final copies of the Order were received. Correct copies of the Order were printed and distributed free of charge to all recipients of the original Order. The Department understands that the original, incorrect Order was available for public purchase for two days.

5.  Unfortunately, in printing the corrected Order, no headnote was included to the effect that it was being printed to correct errors in the original Order and issued free of charge. The Department therefore proposes to issue a correction slip to this effect to all known recipients of the corrected Order and to insert this slip into copies of the corrected Order on sale to the public. The Department regrets that, for a brief period, copies of the corrected Order without the appropriate headnote were extant, but would point out that, as this is a local Order without universal application or interest, the effect is likely to be minimal.

17th March 1998


 
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