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The Welsh Ministers (Transfer of Property, Rights and Liabilities) (Wales) Order 2009

W.S.I. 2009/2618 · Made 28 September 2009

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, WALES

Made 28 September 2009

Coming into force 1 October 2009

The Welsh Ministers, in exercise of the powers conferred on them by sections 18(4) and 203(10) and paragraph 9(1), (2), (3), (5) and (9) of Schedule 3 to the National Health Service (Wales) Act 2006f1, make the following Order:

Annotations to the whole text

Footnotes

f1

2006 c. 42.

Contents

  1. 1Title, commencement and application
  2. 2Interpretation
  3. 3Transfer of Property
  4. 4Enforceability of rights and transfer of liabilities
  5. 5Winding up of the affairs of the former Wales Centre for Health
  6. Signature
  7. Explanatory note

1Title, commencement and application

(1)

The title of this Order is the Welsh Ministers (Transfer of Property, Rights and Liabilities) (Wales) Order 2009 and it comes into force on 1 October 2009.

(2)

This Order applies to Wales.

2Interpretation

In this Order unless the context otherwise requires—

  • “the former Wales Centre for Health” (“Canolfan Iechyd Cymru gynt”) means the body known as the Wales Centre for Health or Canolfan Iechyd Cymru established by section 2 of the Health (Wales) Act 2003 and abolished by the Wales Centre for Health Transfer Order;

  • “the transfer date” (“y dyddiad trosglwyddo”) means 1 October 2009;

  • “the Trust” (“yr Ymddiriedolaeth”) means the Public Health Wales National Health Service Trust established by the Public Health Wales National Health Service Trust (Establishment) Order 2009f1;

  • “the Wales Centre for Health Transfer Order” (“Gorchymyn Trosglwyddo Canolfan Iechyd Cymru”) means the Wales Centre for Health (Transfer of Functions, Property, Rights and Liabilities and Abolition) (Wales) Order 2009f2.

3Transfer of Property

(1)

The property transferred to the Welsh Ministers by article 4 and Schedule 1 to the Wales Centre for Health Transfer Order is, with effect from the transfer date, transferred to the Trust.

(2)

The Trust must abide by the terms of the leases entered into by the former Wales Centre for Health which have been transferred to the Trust by virtue of this article.

4Enforceability of rights and transfer of liabilities

(1)

All rights transferred to the Welsh Ministers by article 5(1) of the Wales Centre for Health Transfer Order are, with effect from the transfer date, transferred to the Trust.

(2)

All liabilities transferred to the Welsh Ministers by article 5(2) of the Wales Centre for Health Transfer Order are, with effect from the transfer date, transferred to the Trust.

5Winding up of the affairs of the former Wales Centre for Health

(1)

The Trust must take such action as may be necessary for the winding up of the affairs of the former Wales Centre for Health including the preparation of the outstanding accounts of the Centre.

(2)

The Trust must send the statement of accounts to the Auditor General for Wales before 31 December 2009.

(3)

The Auditor General must—

(a)

examine and certify the accounts submitted under paragraph (2); and

(b)

lay before the National Assembly for Wales a copy of them as certified together with a report on them.

Signature

Edwina Hart

Minister for Health and Social Services, one of the Welsh Ministers

28 September 2009

Explanatory note

(This note is not part of the Order)

This Order transfers the property, rights and liabilities of the Wales Centre for Health that were transferred to the Welsh Ministers under the Wales Centre for Health (Transfer of Functions, Property, Rights and Liabilities and Abolition) (Wales) Order 2009 to the Public Health Wales National Health Service Trust.