The National Health Service Trusts (Consultation on Dissolution) (Scotland) Regulations 1993

Duty to consult in relation to a proposal for dissolution

2.—(1) Where the Secretary of State receives an application under paragraph 25(2)(a) of Schedule 7A to the Act, or is considering dissolution of an NHS trust under paragraph 25(2)(b) of that Schedule, he shall give notice in writing to the relevant body, and on receipt of such a notice it shall be the duty of the relevant body to carry out consultation on the proposed dissolution within such period as may be specified in the notice.

(2) In these Regulations “relevant body” means–

(a) the Health Board within whose area the hospital or other establishment or facility in respect of which the NHS trust was established, is situated; or

(b) the Agency in a case where the NHS trust either provides and manages or has assumed responsibility for the ownership and management of any hospital or other establishment or facility, the provision and management or the ownership and management of which would have been a function of the Agency but for the establishment of that trust; or

(c) in a case where the hospital or other establishment or facility in respect of which the NHS trust was established is situated in the areas of more than one Health Board, or the ownership and management or provision and management of any hospital or other establishment or facility which forms part of the trust was previously the function of the Health Board in part and the Agency in part, the body which the Secretary of State determines to have the major interest in the dissolution.