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The NHS Bodies (Transfer of Trust Property) Order 2013

S.I. 2013/132 · Made 24 January 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

National Health Service, England

Made 24th January 2013

Laid before Parliament 29th January 2013

Coming into force 8th March 2013

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 213, 217(2) and 272(7) and (8) of the National Health Service Act 2006f1, having regard to changes in the functions of NHS bodies other than NHS foundation trusts.

Annotations to the whole text

Footnotes

f1

2006 c. 41. Section 213 was amended by section 55(1) of, and paragraph 109(a) of Schedule 4 to, the Health and Social Care Act 2012 (c. 7) on 1st October 2012 and by paragraph 109(b) on a date to be appointed under that Act.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Transfer of trust property
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the NHS Bodies (Transfer of Trust Property) Order 2013 and comes into force on 8th March 2013.

(2)

In this Order—

  • “the relevant new Trust” means in relation to any relevant old Trust listed in column 1 of the Schedule (which Schedule has effect), the body which is listed adjacent to it in column 2 of that Schedule;

  • “the relevant old Trust” means a body listed in column 1 of the Schedule;

  • “the trust property” means the property specified in a schedule of trust property prepared and agreed by the relevant old Trust and the relevant new Trust and signed on behalf of—

    1. (a)

      the relevant old Trust on the date specified in column 3 of the Schedule; and

    2. (b)

      the relevant new Trust on the date specified in column 4 of the Schedule.

2Transfer of trust property

(1)

On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the relevant old Trust to the relevant new Trust, in each case listed in Part 1 of the Schedule.

(2)

On 1st April 2013, the trust property, and any rights and liabilities arising from that property, shall be transferred from the relevant old Trust, to the relevant new Trust, in each case listed in Part 2 of the Schedule.

(3)

Following the transfers in paragraphs (1) and (2), any reference in any instrument relating to the trust property, to the trustees of the trust property or to the relevant old Trust shall be construed as a reference to the relevant new Trust, its property or its trustees (as appropriate).

Signature

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

24th January 2013

Relevant old Trust

Part 1

Relevant new TrustDate schedule signed by relevant old TrustDate schedule signed by relevant new Trust
County Durham Primary Care Trustf1County Durham and Darlington NHS Foundation Trustf228th November 201228th November 2012
Devon Primary Care Trustf3Northern Devon Healthcare National Health Service Trustf413th December 201212th December 2012
East Lancashire Teaching Primary Care Trustf5East Lancashire Hospitals National Health Service Trustf67th December 20127th December 2012
Milton Keynes Primary Care Trustf7Bedford Hospital National Health Service Trustf810th December 201217th December 2012
Surrey Primary Care Trustf9Surrey and Borders Partnership NHS Foundation Trustf107th December 201214th December 2012
Walsall Teaching Primary Care Trustf11Walsall Healthcare National Health Service Trustf1217th December 201217th December 2012
Part 2
Barts Health National Health Service Trustf13North East London NHS Foundation Trustf145th December 201214th December 2012
South Essex Partnership University NHS Foundation Trustf15North East London NHS Foundation Trustf164th December 201212th December 2012

Explanatory note

(This note is not part of the Order)

This Order transfers to the relevant new NHS bodies property held on trust by the relevant old NHS bodies and makes related provision. Copies of the schedules of trust property transferred under this Order can be obtained from the Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.