National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/653 |
1996 No. 653
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996
Made 7th March 1996
Laid before Parliament 8th March 1996
Coming into force 1st April 1996
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 19771and section 5(2) of, and paragraphs 29(3) and 30(3) of Schedule 2 to, the National Health Service and Community Care Act 19902, 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;
“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” means an order under paragraph 30 of the Schedule transferring or providing for the transfer of property, rights, liabilities and staff of an NHS trust.
Consultation
2.—(1) Subject to paragraph (8) of this regulation, for the purposes of section 5(2) of the Act, the prescribed consultation which must be completed before the Secretary of State may make an establishment order is consultation by the Secretary of State with the relevant Community Health Council.
(2) For the purposes of section 5(2) of the Act, the prescribed consultation which must be completed before the Secretary of State may make an order having the effect that an NHS trust established for the purpose specified in section 5(1)(a) of the Act is established for the purpose specified in section 5(1)(b) of that Act, is consultation by the Secretary of State with the relevant Community Health...
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