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Joint Committee on Statutory Instruments Sixth Report


Memorandum by the Department of Health


1.  By a letter from its Clerk dated 13th January 1999 the Committee has requested the Department to submit a Memorandum on the following point—

    Since no premises are included in Part IV of the Schedule, explain what justifies the inclusion (as an enactment imposing a function) of paragraph 2(d) of the substituted article 3.

2.  The Order was originally drafted on the basis that Part IV of the Schedule would include premises which the trust was to provide and manage pursuant to section 5(1)(b) of the Act, and at or from which it would provide and manage community health services. It was only at proof-reading stage that it became settled that no properties were to be included in Part IV.

3.  The decision was taken that it would be easier to write "none" in Schedule IV than to make a significant amendment to the body of the Order. This decision was based on the fact that if it did become appropriate to include property in Schedule IV in the near future, it would be easier to issue an Order which amended an existing Schedule than one which inserted a new part to the Schedule.

4.  The Department considers that no legal difficulties or confusion are caused by the present Order.

18th January 1999

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Prepared 8 February 1999