Joint Committee on Statutory Instruments Fourth Report


Memorandum by the Scottish Office Department of Health


ORDER 1998) (S.I. 1998/2710)

The Committee considered the above Instrument at its meeting on 8 December 1998 and requested a Memorandum on the following point.

    Explain the relevance to the making of this National Health Service Trust Establishment Order of consultation under the National Health Service Trusts (Consultation on Dissolution) (Scotland) Regulations 1993 recited in the preamble to this Order.

The creation of 25 new NHS Trusts in November 1998 is part of a reconfiguration of NHS Trusts throughout Scotland which will become fully effective on 1 April 1999, the operational date of the Trusts which have just been created. On that date a number of existing NHS Trusts will be dissolved and their assets will be transferred to the newly created Trusts. There was a large-scale consultation exercise relating to which trusts should be dissolved and which new trusts should be created. In terms of regulation 6 of the National Health Service Trusts (Consultation on Dissolution) (Scotland) Regulations 1993 the Secretary of State may combine the consultation required by regulation 2 of the National Health Service Trusts (Consultation before Establishment) (Scotland) Regulations 1991 with the consultation which is required before dissolution. Such combined consultation was carried out in this case and the Department therefore considered it appropriate to narrate this fact in the Establishment Orders creating the new Trusts. If the Committee do not agree with this course the offending words can be treated as pro non scripto.

The above explanation also applies to the corresponding Statutory Instruments referred to by you.

December 1998

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