Memorandum by the Department
1998 (S.I. 1998/2993)
1. By a letter from its Clerk dated
13th January 1999 the Committee has requested the Department to
submit a Memorandum on the following point
Since no premises are included
in Part IV of the Schedule, explain what justifies the inclusion
(as an enactment imposing a function) of paragraph 2(d) of the
substituted article 3.
2. The Order was originally drafted
on the basis that Part IV of the Schedule would include premises
which the trust was to provide and manage pursuant to section
5(1)(b) of the Act, and at or from which it would provide and
manage community health services. It was only at proof-reading
stage that it became settled that no properties were to be included
in Part IV.
3. The decision was taken that it
would be easier to write "none"
in Schedule IV than to make a significant amendment to the body
of the Order. This decision was based on the fact that if it did
become appropriate to include property in Schedule IV in the near
future, it would be easier to issue an Order which amended an
existing Schedule than one which inserted a new part to the Schedule.
4. The Department considers that
no legal difficulties or confusion are caused by the present Order.
18th January 1999