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National Health Service (Wales) Act 2006

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This is the original version (as it was originally enacted).

Part 3Dissolution

28(1)The Welsh Ministers may by order dissolve an NHS trust.

(2)An order under this paragraph may be made—

(a)on the application of the NHS trust concerned, or

(b)if the Welsh Ministers consider it appropriate in the interests of the health service.

(3)Except where it appears to the Welsh Ministers necessary to make an order under this paragraph as a matter of urgency, no such order may be made until after the completion of such consultation as may be prescribed.

29(1)If an NHS trust is dissolved under paragraph 28, the Welsh Ministers may by order transfer, or provide for the transfer, to themselves or an NHS body of such of the property and liabilities of the NHS trust which is dissolved as in the opinion of the Welsh Ministers is appropriate; and any such order may include provisions corresponding to those of paragraph 9.

(2)The liabilities which may be transferred by virtue of sub-paragraph (1) to an NHS body include criminal liabilities.

(3)An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the NHS trust which is dissolved; and such an order may include provisions corresponding to those of paragraph 8, including provision for the making of a scheme by such Strategic Health Authority, Special Health Authority, Local Health Board or other body as may be specified in the order.

(4)No order may be made under this paragraph until after completion of such consultation as may be prescribed.

30(1)If an NHS trust is dissolved under paragraph 28, the Welsh Ministers or such other NHS trust, Strategic Health Authority, Primary Care Trust, Special Health Authority or Local Health Board as the Welsh Ministers may direct must undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of paragraph 11(2) or paragraph 26, would otherwise have been the responsibility of the NHS trust which has been dissolved.

(2)Sub-paragraph (1) does not affect the generality of paragraph 29.

31An NHS trust may not be dissolved or wound up except in accordance with paragraph 28.

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