Miss Brooks

BRITISH UNDERTAKINGS

Reference.

RESTRICTED

اعلام

1.

You will recall our discussion last week about my submission on this subject. You said that we should have another look at certain names on my list which were not registered under the Companies' Act and which you were not sure could qualify as British Undertakings.

2.

The names in question are those of hospitals, health boards, universities and polytechnics. Hospitals and health boards are run by Health Authorities which are incorporated under Part 3 of Schedule 5 of the National Health Service Act 1977 (except for two, the Royal National Throat, Nose and Ear Hospital and the St Helier Hospital, Carshalton, which were set up under the provisions of the National Health Service and Community Care Act 1990). Universities have been set up under various Roycal Charters and polytechnics are incorporated under Section 121 of the Education Reform Act 1988.

3. I spoke with the DES who told me that although universities and polytechnics were not generally registered as companies, to all intents and purposes, they acted in the same way. Some universities wre registered, I presume, prior to obtaining their Charter, and I notice that the DTI have included some in previous lists which have been approved by Ministers. I think it would be unfair and raise questions if we were to differentiate between them. If you wish to make further enquiries with the DES, I am told that the person to contact is their Legal Adviser, Mr Aires (telno 925-6175).

4. I should be grateful if you would also look into the question of whether hospitals qualify as British Undertakings.

5. Finally, could you please let me have a ruling on one other organisation: the Milton Keynes Development Corporation, which was set up under the New Towns Act of 1967.

6.

I attach some background papers which you may find

If you need anything more, please let me know.

helpful.

k

HKD 340/3.

CODE 18-77

J Woodrow

Hong Kong Dept

27 August 1992

brifunder/General / Be

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