Regulation 2 Consultation relating to orders under section 25 of the Act and dissolution ordersI1

England and Wales

(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 F1each relevant Local Healthwatch organisation.

(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)^f1.

(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 F2to revoke a designation of 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 purposes of paragraph 28(3) of the Schedule (dissolution of an NHS trust)^f2, the prescribed consultation which, except in cases of urgency or where the order is made following the publication of a final report under section 65I(3) of the Act, must be completed before the Secretary of State may make a dissolution order is—

(a)

where the dissolution order is to be made pursuant to paragraph 28(2)(a) of the Schedule (dissolution on the application of the NHS trust concerned), consultation by that NHS trust with F3each relevant Local Healthwatch organisation; or

(b)

where the dissolution order is to be made pursuant to paragraph 28(2)(b) of the Schedule (where the Secretary of State considers dissolution to be appropriate in the interests of the health service), consultation by the Secretary of State with F4each relevant Local Healthwatch organisation.

(6)

Where an NHS trust consults a F5Local Healthwatch organisation in pursuance of paragraph (5)(a), it must report the results of that consultation to the Secretary of State within such period as the Secretary of State may determine.

Annotations

Textual amendments

F1: Words in reg. 2(1) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 149(3)(a)
F2: Words in reg. 2(4) substituted (1.4.2013) by The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 (S.I. 2012/3094), regs. 1(2), 11(2) (with reg. 47)
F3: Words in reg. 2(5)(a) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 149(3)(b)
F4: Words in reg. 2(5)(b) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 149(3)(c)
F5: Words in reg. 2(6) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 149(3)(d)

Commencement

I1: Reg. 2 in force at 1.7.2010, see reg. 1(1)

Footnotes

f1: Section 65I was inserted by section 16 of the Health Act 2009 (c. 21).
f2: Paragraph 28(3) was amended by section 18(10) of the Health Act 2009 (c. 21).