Memorandum by the Scottish Office
Department of Health
1998) (S.I. 1998/2710)
The Committee considered the above Instrument
at its meeting on 8 December 1998 and requested a Memorandum on
the following point.
the relevance to the making of this National Health Service Trust
Establishment Order of consultation under the National Health
Service Trusts (Consultation on Dissolution) (Scotland) Regulations
1993 recited in the preamble to this Order.
The creation of 25 new NHS Trusts in November
1998 is part of a reconfiguration of NHS Trusts throughout Scotland
which will become fully effective on 1 April 1999, the operational
date of the Trusts which have just been created. On that date
a number of existing NHS Trusts will be dissolved and their assets
will be transferred to the newly created Trusts. There was a large-scale
consultation exercise relating to which trusts should be dissolved
and which new trusts should be created. In terms of regulation
6 of the National Health Service Trusts (Consultation on Dissolution)
(Scotland) Regulations 1993 the Secretary of State may combine
the consultation required by regulation 2 of the National Health
Service Trusts (Consultation before Establishment) (Scotland)
Regulations 1991 with the consultation which is required before
dissolution. Such combined consultation was carried out in this
case and the Department therefore considered it appropriate to
narrate this fact in the Establishment Orders creating the new
Trusts. If the Committee do not agree with this course the offending
words can be treated as pro non scripto.
The above explanation also applies to the
corresponding Statutory Instruments referred to by you.