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Statutory Instruments
REGULATORY REFORM
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
29th March 2005
Coming into force
in accordance with article 1(2)
31st March 2005
Whereas—
(a)the Secretary of State for Health (“the Secretary of State”) consulted—
(i)such organisations as appeared to him to be representative of interests substantially affected by his proposals for this Order,
(ii)the National Assembly for Wales, and
(iii)such other persons as he considered appropriate;
(b)as a result of that consultation it appeared to the Secretary of State that it was appropriate to vary his proposals, and he undertook such further consultation with respect to the variations as appeared to him appropriate;
(c)following the consultation mentioned in recitals (a) and (b) the Secretary of State considered it appropriate to proceed with the making of this Order;
(d)a document containing the Secretary of State’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001(1) and the period for Parliamentary consideration under section 8 of that Act expired;
(e)the Secretary of State had regard to the representations made during that period and in particular to the House of Lords Delegated Powers and Regulatory Reform Committee’s Eleventh Report of Session 2003-04 and the House of Commons Regulatory Reform Committee’s Fifth Report of Session 2003-04;
(f)a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State’s proposals in the light of them;
(g)the draft was approved by resolution of each House of Parliament;
(h)this Order removes a function of the National Assembly for Wales, and the Assembly has agreed that it be made;
(i)the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom he might reasonably expect to continue to exercise; and
(j)this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—
(i)the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created, and
(ii)the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;
Now therefore the Secretary of State, in exercise of the powers conferred by sections 1 and 4(3) of the Regulatory Reform Act 2001, hereby makes the following Order:
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