Health Act 2006

Transfer of criminal liabilities

74 Transfer of criminal liabilities of certain NHS bodies

(1) In section 8 of the 1977 Act (Strategic Health Authorities and Health Authorities) at the end add—

“(9) The liabilities which may be transferred by virtue of this section and section 126(4) below to a relevant transferee on the abolition of a Strategic Health Authority include criminal liabilities.

(10) In subsection (9) above “relevant transferee” means—

(a) a Special Health Authority,

(b) a Primary Care Trust,

(c) an NHS trust,

(d) an NHS foundation trust, or

(e) another Strategic Health Authority.”

(2) In section 11 of that Act (Special Health Authorities)—

(a) after subsection (4) insert—

“(4A) The liabilities which may be transferred by virtue of this section and section 126(3) and (4) below to a relevant transferee on the abolition of a Special Health Authority include criminal liabilities.

(4B) In subsection (4A) above “relevant transferee” means—

(a) a Strategic Health Authority,

(b) a Primary Care Trust,

(c) a Local Health Board,

(d) an NHS trust,

(e) an NHS foundation trust, or

(f) another Special Health Authority.”, and

(b) in subsection (5) after “an order” insert “as is mentioned in subsection (4) above”.

(3) In paragraph 20 of Schedule 5A to that Act (transfer of property, rights and liabilities on dissolution of Primary Care Trust) after sub-paragraph (1) insert—

“(1A) The liabilities which may be transferred by virtue of sub-paragraph (1) above to a Strategic Health Authority, a Special Health Authority, an NHS trust, an NHS foundation trust or another Primary Care Trust include criminal liabilities.”

(4) In paragraph 19 of Schedule 5B to that Act (transfer of property, rights and liabilities on dissolution of Local Health Board) after sub-paragraph (1) insert—

“(1A) The liabilities which may be transferred by virtue of sub-paragraph (1) above to another Local Health Board include criminal liabilities.”

(5) In paragraph 30 of Schedule 2 to the National Health Service and Community Care Act 1990 (c. 19) (transfer of property, rights and liabilities on dissolution of NHS trust) after sub-paragraph (1) insert—

“(1A) The liabilities which may be transferred by virtue of sub-paragraph (1) above to any of the bodies mentioned in paragraphs (aa) to (c) of that sub-paragraph include criminal liabilities.”

(6) In section 25 of the 2003 Act (dissolution of NHS foundation trusts) after subsection (3) insert—

“(3A) The liabilities which may be transferred by virtue of subsection (3) to any of the bodies mentioned in paragraphs (a) to (c) of that subsection include criminal liabilities.”

(7) In section 28 of that Act (supplementary provision about mergers) after subsection (3) insert—

“(3A) In section 27(1) and (2), and subsections (1) and (2) above, “liabilities” includes criminal liabilities; and an order under subsection (3) above may transfer any remaining criminal liabilities to any of the bodies mentioned in section 25(3)(a) to (c).”