S.I. 2003/2123: further memorandum
from the Department of Health
1. The Committee considered the above instrument
at its meeting on 28 October 2003 and requested a memorandum on
the following points:
(1) Paragraphs (3)(b) and (4)(b) of regulation
2 are each expressed to be subject to regulation 4(1)(i). Given
that all of the grounds of disqualification for appointment of
a member of a Patients' Forum apply to every member of it, explain
the purpose and effect of the words of subjection.
2. The specific reference in regulation 2(3)(b) and
(4)(b) to regulation 4(1)(i) was included in error and the Department
apologises. The Department will remove the references at the earliest
(2) Explain the purpose and effect of the words
"and notifies (as he should)" in regulation 6(3)(b).
Are they intended to mean the same as "he shall notify"?
3. The purpose and effect of the words "and
notifies (as he should)" in regulation 6(3)(b) is to create
an obligation on the individual to notify. The intention was to
make clear the expectation that the individual would notify without
creating a sanction for failure to do so.
4. As requested, the Department is forwarding, also
as an electronic version, a copy of the memorandum dated August
2003 relating to these Regulations.