Joint Committee on Statutory Instruments Forty-Sixth Report


Memorandum by the Department of Health


1.  By a letter from its Clerk dated 21 October 1998 the Committee has requested the Department to submit a Memorandum on the following point -

    Explain why the Explanatory Note fails to mention as amendments to the 1992 Order the additional functions and premises specified in subparagraphs (a)(i) and (iii) to (vi) and (b)(i) to (vi) of the substituted article 3(2).

Additional Functions and Premises

2.  The only additional function which has been conferred on the NHS trust in question is that specified in section 5(1)(b) of the National Health Service and Community Care Act 1990 (c.19). This appears in the substituted article 3(2)(c) of the Order together with the premises it pertains to. This new function and premises are mentioned in the Explanatory Note.

3.  The substituted article 3(2)(a) and (b) do not confer new functions on the NHS trust. Nor do they add any premises to those which the trust already owned and managed. These were covered in the original Establishment Order (S.I. 1992 No. 2582) by the words "associated hospitals" and "associated premises". In the new Order, the opportunity was taken to spell these out. As strictly no new functions or premises are conferred on the NHS trust by substituted article 3(2)(a) and (b), it was not thought necessary to mention them in the Explanatory Note.

26th October 1998

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