Joint Committee on Statutory Instruments Sixth Report


Memorandum from the Department of Health


ORDER 2001 (S.I. 2001/1230)

1. The Committee has requested a memorandum on the following point in relation to the above Order.

Article 6 specifies the functions of the trust between its establishment date and its operational date, and article 7 requires the North and East Devon Health Authority to discharge certain liabilities of the trust incurred between the establishment date and the operational date. Explain how these provisions are intended to operate, and why they have been included, given that 1 April 2001 is specified as the establishment date as well as the operational date.

2. Articles 6 and 7 are usually included in Establishment Orders to enable a trust to perform limited functions between its establishment and operational dates.

3. It appears that these articles were included in error in the above Order. The Department takes the view that no amendment is required, but apologises for the error.

4. The Department will take all necessary steps to ensure that the same error does not appear in future Establishment Orders.

27 July 2001

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