Joint Committee on Statutory Instruments Thirty-Fourth Report



APPENDIX 3

Memorandum from the Department of Health

SOUTHERN DERBYSHIRE MENTAL HEALTH NATIONAL HEALTH SERVICE TRUST CHANGE OF NAME AND (ESTABLISHMENT) AMENDMENT ORDER AND THE COMMUNITY HEALTH CARE SERVICE (NORTH DERBYSHIRE) NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1296)

SOUTH WEST YORKSHIRE MENTAL HEALTH NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE WAKEFIELD AND PONTEFRACT COMMUNITY NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1313)

BRADFORD DISTRICT CARE TRUST (ESTABLISHMENT) AND THE BRADFORD COMMUNITY HEALTH NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002

(S.I. 2002/1322)

SOUTH OF TYNE AND WEARSIDE MENTAL HEALTH NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE PRIORITY HEALTHCARE WEARSIDE NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1324)

WEST KENT NATIONAL HEALTH SERVICE AND SOCIAL CARE TRUST (ESTABLISHMENT) AND THE THAMES GATEWAY NATIONAL HEALTH SERVICE TRUST AND INVICTA COMMUNITY CARE NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1337)

MID YORKSHIRE HOSPITALS NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE PINDERFIELDS AND PONTEFRACT HOSPITALS NATIONAL HEALTH SERVICE TRUST AND THE DEWSBURY HEALTH CARE NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1341)

WEST SUSSEX HEALTH AND SOCIAL CARE NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE WORTHING PRIORITY NATIONAL HEALTH SERVICE TRUST AND SUSSEX WEALD AND DOWNS NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1362)

SANDWELL AND WEST BIRMINGHAM HOSPITALS NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE CITY HOSPITAL NATIONAL HEALTH SERVICE TRUST AND SANDWELL HEALTHCARE NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1364)

  1. The Committee has asked the Department of Health to submit a memorandum on the following points.
  2. Explain the inclusion of the words "unless the context otherwise requires" in article 1(2) of each Order by identifying the context in which the expressions defined in that article are intended to have a different meaning.

  3. The Department acknowledges that the words in quotation marks should have been omitted since the context nowhere requires any of the expressions to have a different meaning.
  4. In relation to S.I. 2002/1296, explain why article 1(2) contains a definition of "operational date", given that this expression is not used elsewhere in the Order.

  5. The Department acknowledges that the expression "operational date" does not appear in the Order outside of the definition of the expression in article 1(2). Accordingly, the definition is of no legal effect and should not have been included in the Order.
  6. The Department regrets both of these oversights which nonetheless do not affect the construction of the instruments.

21 June 2002

 


 
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