Joint Committee on Statutory Instruments Fifth Report



LOTHIAN UNIVERSITY HOSPITALS NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) ORDER 1998 (S.I. 1998/2717) (AND S.I. NOS. 1998/2718-21 AND 30)

  4. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

  5. In its last Report the Committee concluded that several Orders similar to this one were defectively drafted as regards their recitals[2]. 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

 
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