1998 (S.I. 1998/2717) (AND
4. The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
5. In its last Report the Committee concluded
that several Orders similar to this one were defectively drafted
as regards their recitals.
The preamble to this Order and the other Orders refer to consultation
carried out by the Secretary of State under the National Health
Service Trusts (Consultation on Dissolution) (Scotland)
Regulations 1993, but the power under which the Order is made
only requires consultation under the National Health Service Trusts
(Consultation before Establishment) (Scotland) Regulations 1991).
When asked to comment the Department added nothing to the answer
they gave in respect of the other Orders (see Appendix II). The
Committee therefore concludes that this Order is also defectively
drafted as regards its recitals.
6. The Department helpfully draw attention to
the fact that all of S.I. Nos. 1998/2709-2725 and 2728-2735 (some
of which were reported on in the Committee's last Report: see
footnote 1) are mutatis mutandis identical: the Committee
reports S.I. Nos. 1998/2718-21 and 2730 as being defectively drafted
for the reason given above.
2 See the 4th Report, Session 1998-99 (HL 16, HC 50-iv), paragraph 3. Back