National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/653

1996No. 653

NATIONAL HEALTH SERVICE,

ENGLAND AND WALES

The National Health Service Trusts (Consultation on

Establishment and Dissolution) Regulations 1996

7thMarch1996

8thMarch1996

1stApril1996

The Secretary of State for Health, in exercise of the powers conferred by sections 126(4) and 128(1) of the National Health Service Act 1977 ( a) and section 5(2) of, and paragraphs 29(3) and 30(3) of Schedule 2 to, the National Health Service and Community Care Act 1990 ( b), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996 and shall come into force on 1st April 1996.

(2) In these Regulations, unless the context otherwise requires-

"the Act" means the National Health Service and Community Care Act 1990;

"dissolution order" means an order under paragraph 29 of Schedule 2 to the Act dissolving an NHS trust;

"establishment order" means an order under section 5(1) of the Act establishing an NHS trust;

"relevant Community Health Council" means, in relation to an NHS trust, the Community Health Council in whose district is situated-

(a) in a case where the Secretary of State is considering making an establishment order, any hospital or other establishment or facility in respect of which the NHS trust is to be established;(b) in a case to which regulation 2(2) of these Regulations applies, any premises the address of which is specified in article 3(2) of the NHS trust's establishment order;(c) in a case where the Secretary of State is considering making a dissolution order or a transfer order, any hospital or other establishment or facility which is referred to in article 3(2) of the trust's establishment order;

(a) 1977 c.49; section 126(4) was amended by and section 65(2) of the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"); section 128(1), which is cited for the definition of "prescribed" and "regulations", was amended by section 26(2) of the 1990 Act.

(b) 1990 c.19; section 5(2) was substituted by paragraph 69(b) of Schedule 1 to the Health Authorities Act 1995 (c.17).

"staff interests" means such persons or bodies as the NHS trust which is to be dissolved may recognise as representing persons who are employed by or for the purposes of that NHS trust, and who are, in its opinion, likely to be affected by a transfer order;

"the Schedule" means Schedule 2 to the Act;

"transfer order"...

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