Paragraph 2

England and Wales

(1)

The Secretary of State may, where it appears appropriate to do so, by order transfer to a specified F1...F2... F3Local Health Board or Special Local Health Board any specified property, rights or liabilities which have been transferred by paragraph 1(1).

(2)

An order may be made under sub-paragraph (1) to have effect in relation to any specified rights or liabilities such as are mentioned in paragraph 1(2) so that they are enforceable by or against (or only by or against) a specified F4... F5... F6Local Health Board or Special Local Health Board.

(3)

An order made under sub-paragraph (1) may take effect immediately after paragraph 1 takes effect or on a later specified date.

(4)

An order made under sub-paragraph (1) may, in particular, specify any Special Health Authority administering a scheme under section 21 of the National Health Service and Community Care Act 1990 F7, section 71 of the National Health Service Act 2006 or section 30 of the National Health Service (Wales) Act 2006 (schemes for meeting liabilities of health service bodies).

(5)

An order made under sub-paragraph (1) may create or impose such new rights or liabilities in respect of what is transferred, or what is retained by the Secretary of State, as appear appropriate.

(6)

In the case of any transfer made by an order under sub-paragraph (1), a certificate issued by the Secretary of State that—

(a)

any property described in the certificate,

(b)

any interest in or right over property so described, or

(c)

any right or liability so described,

is vested in the specified F8...F9... F10Local Health Board or Special Local Health Board shall be conclusive evidence of that fact for all purposes.

(7)

Sub-paragraph (1) does not affect any power of the Secretary of State to transfer any property, rights or liabilities to a F11... F12... F13Local Health Board or Special Local Health Board otherwise than under this paragraph.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 2(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 71(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2: Words in Sch. 2 para. 2(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 71(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3: Words in Sch. 2 para. 2(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 25
F4: Words in Sch. 2 para. 2(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 71(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5: Words in Sch. 2 para. 2(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 71(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6: Words in Sch. 2 para. 2(2) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 25
F7: Words in Sch. 2 para. 2(4) inserted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 176(a) (with Sch. 3 Pt. 1)
F8: Words in Sch. 2 para. 2(6) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 71(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9: Words in Sch. 2 para. 2(6) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 71(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F10: Words in Sch. 2 para. 2(6) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 25
F11: Words in Sch. 2 para. 2(7) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 71(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F12: Words in Sch. 2 para. 2(7) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 71(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F13: Words in Sch. 2 para. 2(7) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 25