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National Health Service Reform (Scotland) Act 2004

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1Dissolution of National Health Service trusts: modification of enactmentsS

This sectionnoteType=Explanatory Notes has no associated

(1)In the National Health Service (Scotland) Act 1978 (c. 29) (referred to in this Act as “the 1978 Act”), section 12A and Schedule 7A (establishment, functions, dissolution etc. of National Health Service trusts) are repealed.

(2)In section 82 of the 1978 Act, after subsection (2A) insert—

(2B)All endowments and property held in trust transferred to a Health Board by an order under paragraph 26 of Schedule 7A (whenever made) are held by the Health Board free of any trust existing immediately before the transfer (hereafter in this section referred to in relation to any such endowment or property as “the original trust”); but all such endowments and property shall be held by the Health Board on trust for such purposes relating to services provided under this Act, or to the functions of the Board with respect to research, as the Board may think fit.

(3)Until the coming into force of subsection (1) so far as repealing Schedule 7A to the 1978 Act, paragraph 26 of that Schedule has effect with the insertion after sub-paragraph (1) of the following sub-paragraph—

(1A)For the avoidance of doubt, the reference to “property, rights and liabilities” in sub-paragraph (1) includes endowments and property held in trust.

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I1S. 1(1) in force for specified purposes at 1.9.2004 by S.S.I. 2004/361, art. 2(a)(i)

I2S. 1(2)(3) in force at 30.9.2004 by S.S.I. 2004/361, art. 2(b)(i)

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