Joint Committee on Statutory Instruments Twelfth Report


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

  9.   Article 2 substitutes a new article 3 into the Mid-Sussex National Health Service Trust (Establishment) Order 1994. New article 3(2)(c) provides that one of the trust's functions shall be to own and manage community health services at various premises, including "(from 1st March 1999: 50 Victoria Road, Burgess Hill, West Sussex RH15 9LW)". The Committee asked the Department of Health why, given that the Order comes into force on 12 February, this provision does not appear separately and with a separate commencement date of 1 March. The Committee also asked whether the services from Victoria Road are in addition to, or will replace, the services at the other sites listed in new article 3(2)(c). In the memorandum and the letter printed in Appendix IV, the Department of Health say that the passage quoted by the Committee was added in error immediately prior to the making of the Order, and add that a correcting instrument will be issued free of charge. The Committee reports article 2 of the present Order for defective drafting, acknowledged by the Department.

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