Paragraph 4
The Secretary of State may by order transfer on 1st April 1996 to a specified Health Authority—
any specified property held by a District Health Authority or a Family Health Services Authority immediately before that date, or
any specified rights or liabilities to which a District Health Authority or a Family Health Services Authority are entitled or subject immediately before that date.
An order may be made under sub-paragraph (1) to have effect in relation to any specified rights or liabilities which immediately before 1st April 1996 are (by or by virtue of any enactment) enforceable by or against a District Health Authority or a Family Health Services Authority so that on and after that date they are enforceable by or against (or only by or against) a specified Health Authority.
Sub-paragraph (1) does not apply to—
property, rights or liabilities transferred to an NHS trust on 1st April 1996,
property transferred by virtue of section 92 of the M1National Health Service Act 1977 on that date, or
rights or liabilities which are transferred by paragraph 9 of this Schedule (or would be so transferred but for sub-paragraph (5) or (8) of that paragraph) or to which paragraph 14 of this Schedule applies.
The Secretary of State shall exercise the power conferred by sub-paragraph (1) so as to secure that all property to which that sub-paragraph applies is, and all rights and liabilities to which that sub-paragraph applies are, dealt with in exercise of the power.
In this paragraph references to property include trust property; and, for the purposes of this paragraph, rights and liabilities arising from trust property shall be treated as being part of the property (so that references in this paragraph to rights and liabilities do not include rights and liabilities arising from trust property).
Annotations
Marginal citations
- M1