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The Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999

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Combination of consultations

6.  (1)  Where the Secretary of State proposes to make–

(a)an order establishing a Primary Care Trust or an order which has the effect set out in regulation 3(1)(a) above; and

(b)an order under paragraph 23(1) of Schedule 5A to the Act transferring employees of a Health Authority, NHS trust or other Primary Care Trust to that Trust,

the consultation required by regulation 4(2) may be combined with the consultation required by regulation 2 or, as the case may be, regulation 3.

(2) Where the Secretary of State proposes to make–

(a)an order dissolving a Primary Care Trust; and

(b)an order under paragraph 20(1) of Schedule 5A to the Act transferring the property, rights and liabilities of the Trust to be dissolved,

the consultation required by regulation 4(1) may be combined with the consultation required by regulation 3.

(3) Where the Secretary of State proposes to make–

(a)a PCT order establishing a Primary Care Trust;

(b)an order dissolving a Primary Care Trust; and

(c)an order under paragraph 20(1) of Schedule 5A to the Act transferring the property, rights and liabilities of the Trust to be dissolved to the Trust to be established by the order referred to in paragraph (a),

the consultations required by regulations 2, 3 and 4(1) may be combined.

(4) Subject to paragraph (6), where the Secretary of State proposes to make–

(a)a PCT order establishing a Primary Care Trust;

(b)an order under paragraph 29 of Schedule 2 to the 1990 Act dissolving an NHS trust; and

(c)an order under paragraph 30 of Schedule 2 to the 1990 Act transferring the property, rights and liabilities of the NHS trust to be dissolved to the Primary Care Trust to be established, the consultation required by regulation 2 may be combined with the consultations required by regulation 2(4) and (6) of the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996(1).

(5) Subject to paragraph (6), where the Secretary of State proposes to make–

(a)an order under section 5(1) of the 1990 Act establishing an NHS trust;

(b)an order dissolving a Primary Care Trust; and

(c)an order under paragraph 20(1) of Schedule 5A to the Act transferring the property, rights and liabilities of the Primary Care Trust to be dissolved to the NHS trust to be established,

the consultations required by regulations 3 and 4(1) may be combined with the consultation required by regulation 2(1) of the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996.

(6) Paragraphs (4) and (5) apply only if the Secretary of State has directed the Health Authority in whose area the Primary Care Trust is to be established to conduct the consultation required by the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996.

(7) If–

(a)a Health Authority is required to consult by regulation 3(1), otherwise than in respect of an order dissolving a Primary Care Trust; and

(b)the proposal which is to form the subject matter of that consultation constitutes, or forms part of, a proposal for a substantial development or variation in the health service in respect of which the Authority is required to consult under regulation 18(1) of the Community Health Council Regulations 1996(2),

the Authority may combine the consultation required by regulation 3(1) of these Regulations with the consultation required by regulation 18(1) of those Regulations.

(1)

S.I. 1996/653.

(2)

S.I. 1996/640.

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