Joint Committee on Statutory Instruments Thirty-First Report


APPENDIX 9

Memorandum by the Department of Health

TORBAY PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2154)
BOURNEMOUTH PRIMARY CARE TRUST (ESTABLISHMENT) ORDER (S.I. 2000/2155)
SOUTH HAMS AND WEST DEVON PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2156)
NORTH DORSET PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2157)
CARRICK PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2158)
BIRMINGHAM NORTH EAST PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2338)
GREATER YARDLEY PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2339)
MORECAMBE BAY PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2392)
NORTH HAMPSHIRE PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2547)
LOWESTOFT PRIMARY CARE TRUST (ESTABLISHMENT) ORDER 2000 (S.I. 2000/2689)

1. The Committee has requested a memorandum on the following point concerning the above Orders.

Explain why article 1(2) of each Order contains a definition of "establishment date", given that this expression is not used elsewhere in the Order.

2. The definition of "establishment date" was included in each of these Orders in error. The Department is grateful to the Committee for pointing out the mistake and offers its apologies.

3. As the Committee will appreciate, Primary Care Trusts are a new form of National Health Service body. They are typically established from a date earlier than their operational date, the period between the two dates being known as the "preparatory period". Unfortunately, when the standard form of a draft Order was finally settled it was not recognised that a definition of "establishment date" was not required.

4. The Department takes the view that no remedial measures are required in respect of the Orders in question but will, of course, take steps to prevent the unnecessary definition appearing in future Orders.

6 November 2000


 
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