The Health and Personal Social Services Act (Northern Ireland) 2001 (Fund-holding Practices) (Transfer of Assets, Rights and Liabilities and Transitional Provisions) Order (Northern Ireland) 2002

Part II Transfer of assets, rights and liabilities

Transfer of assets

2.—(1) The allotted sum, or any remaining part of it, for the financial year 2001-2002, or any previous financial year, whether held by the former members of the fund-holding practice or by the Health and Social Services Board, shall on 1st April 2002 be transferred to the Health and Social Services Board.

(2) On 1st April 2002 the Health and Social Services Board shall be substituted as the account holder of the fund-holding account.

(3) The Health and Social Services Board shall deal with the allotted sum transferred under paragraph (1) in accordance with Articles 4 to 8.

Transfer of rights and liabilities

3.—(1) Subject to paragraphs (2) and (3)—

(a) any rights to which the former members of the fund-holding practice were entitled, or which were enforceable by them, immediately before 1st April 2002; and

(b) any liabilities to which the former members were subject, or which were enforceable against them immediately before that date,

shall on that date be transferred to or, as the case may be, shall on and after that date be enforceable by or against, the Health and Social Services Board.

(2) Paragraph (1) shall not apply to any rights acquired or liabilities incurred in connection with the application of savings for which written consent was required.

(3) Paragraph (1) shall not apply to any rights acquired or liabilities incurred in connection with the application of the allotted sum for the purpose of—

(a) the purchase of goods and materials for the use of the former fund-holding practice, including support and maintenance contracts relating to computers or office equipment;

(b) payments under leasing and hire purchase agreements for the purchase of goods and materials.