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

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.

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 2007^f1;

• “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);

• F1relevant Local Healthwatch organisation” means a Local Healthwatch organisation for the area of a local authority in which there is situated—

  1. (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

  2. (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;

• F2...

• F3...

• “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.

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.

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.

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.

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).

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—

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.

Subject to regulation 4(3), for the purposes of paragraph 29(4) of the Schedule (transfer of property and liabilities on dissolution of an NHS trust), the prescribed consultation which must be completed before the Secretary of State may make a transfer order is—

Where an NHS trust consults a F3Local Healthwatch organisation in pursuance of paragraph (1)(a), it must report the results of that consultation to the Secretary of State within such period as the Secretary of State may determine.

Where a dissolution order and a transfer order are to be made in respect of an NHS trust, the consultation required by regulation 2(5) may be combined with the consultation required by regulation 3(1).

Where a dissolution order and a transfer order are to be made in respect of two or more NHS trusts, on the application of the NHS trusts concerned, the consultation prescribed by regulations 2(5)(a) and 3(1)(a) may be undertaken jointly by those trusts.

Where the Secretary of State proposes to make—

The consultation required by paragraph (3) may be combined with each other and with the consultation required by regulation 2(1).

Paragraphs (3) and (4) shall not apply where the orders are to be made following the publication of a final report under section 65I(3) of the Act in respect of the NHS trust to be dissolved.

the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996^f1; and

regulation 9 of the Care Trusts (Applications and Consultation) Regulations 2001 (amendment of the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996)^f2.