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

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 Council.

(3) 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 under section 5(1) of the Act in relation to an NHS trust in circumstances to which neither paragraph (1) nor paragraph (2) of this regulation applies, is consultation by the Secretary of State with that NHS trust.

(4) Subject to paragraph (8) of this regulation, for the purposes of paragraph 29(3) of the Schedule, the prescribed consultation which, except in cases of urgency, 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 29(2)(a) of the Schedule (dissolution on the application of the NHS trust concerned), consultation by that NHS trust with the relevant Community Health Council, the results of which shall, within such period, if any, as the Secretary of State may determine, be reported by the NHS trust to the Secretary of State;

(b) where the dissolution order is to be made pursuant to paragraph 29(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 the relevant Community Health Council.

(5) Where a dissolution order is to be made in respect of two or more NHS trusts, the consultation prescribed by paragraph (4)(a) above may be undertaken jointly by the NHS trusts concerned.

(6) Subject to paragraph (8) of this regulation, for the purposes of paragraph 30(3) of the Schedule, the prescribed consultation which must be completed before the Secretary of State may make a transfer order shall be—

(a) where the dissolution order in respect of that NHS trust is to be made pursuant to paragraph 29(2)(a) of the Schedule, consultation by that NHS trust with the relevant Community Health Council and staff interests, the results of which shall, within such period, if any, as the Secretary of State may determine, be reported by that NHS trust to the Secretary of State;

(b) where the dissolution order in respect of that NHS trust is to be made pursuant to paragraph 29(2)(b) of the Schedule, consultation by the Secretary of State with the relevant Community Health Council and staff interests.

(7) Consultation required by paragraph (6) of this regulation may be combined with the consultation required by paragraph (4) of this regulation; and where orders under paragraph 30 of the Schedule are to be made in respect of two or more NHS trusts, any consultation required by paragraph (6)(a) of this regulation may be undertaken jointly by the NHS trusts concerned.

(8) Where the Secretary of State proposes to make—

(a) a dissolution order;

(b) an establishment order; and

(c) an order under paragraph 30 of the Schedule transferring the property, rights and liabilities of the NHS trust to be dissolved by that dissolution order to the NHS trust to be established by that establishment order,

the prescribed consultation for the purposes of paragraphs 29(3) and 30(3) of the Schedule is consultation by the Secretary of State with, respectively, the relevant Community Health Council and the relevant Community Health Council and staff interests, which may be combined with each other and with the consultation prescribed by paragraph (1) of this regulation.