The National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/743
Year2010

2010 No. 743

National Health Service, England

The National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010

Made 10th March 2010

Laid before Parliament 17th March 2010

Coming into force 1st July 2010

The Secretary of State for Health makes the following Regulations in exercise of powers conferred by sections 25(3) and 272(7) and (8) of, and paragraphs 28(3) and 29(4) of Schedule 4 to, the National Health Service Act 20061.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010 and shall come into force on 1st July 2010.

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

“the Act” means the National Health Service Act 2006;

the 2007 Act” means the Local Government and Public Involvement in Health Act 20072;

“dissolution order” means an order under paragraph 28 of Schedule 4 to the Act (dissolution of NHS trusts) dissolving an NHS trust;

“establishment order” means an order under section 25(1) of the Act (NHS trusts) establishing an NHS trust;

“local authority” means a local authority within the meaning of section 229(1) of the 2007 Act (interpretation);

“local involvement network” means a person who, in pursuance of arrangements made under section 221(1) of the 2007 Act, is to carry on activities specified in section 221(2) of that Act (activities relating to involvement in health services and social services);

“relevant local involvement network” means a local involvement network for a local authority in whose area is situated—

(a) in a case where the Secretary of State is considering making an establishment order, any hospital or other establishment or facility which would be managed by the NHS trust to be established; or

(b) in any other case, any hospital or other establishment or facility managed by the NHS trust in respect of which the order is to be made;

“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 4 to the Act (NHS trusts established under section 25);

“transfer order” means an order under paragraph 29 of the Schedule (transfers from dissolving NHS trusts) transferring or providing for the transfer of property, liabilities and staff of an NHS trust.

S-2 Consultation relating to orders under section 25 of the Act and dissolution orders

Consultation relating to orders under section 25 of the Act and dissolution orders

2.—(1) For the purposes of section 25(3) of the Act (NHS trusts), 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 each relevant local involvement network.

(2) Subject to paragraphs (3) and (4), for the purposes of section 25(3) of the Act, the prescribed consultation which must be completed before the Secretary of State may make an order under section 25(1) of the Act in relation to an NHS trust, other than an establishment order or an order revoking an establishment order, is consultation by the Secretary of State with that NHS trust.

(3) Paragraphs (1) and (2) shall not apply where the order is made following the publication of a final report under section 65I(3) of the Act (final report of trust special administrator)3.

(4) Paragraph (2) shall not apply where the order to be made under section 25(1) of the Act is an order the only purpose of which is to designate an existing NHS trust as a Care Trust in accordance with section 77(6) of the Act (designation of an existing body as a Care Trust).

(5) Subject to regulation 4(3), for the...

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