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3.—(1) Subject to paragraph (2) of this article—
(a)any property of the Authorities is transferred to the Secretary of State; and
(b)any right which was enforceable by or against either of the Authorities immediately before the material date is enforceable by or against the Secretary of State.
(2) Paragraph (1) of this article does not apply in relation to—
(a)any property transferred to the trust on the material date by an order under section 8 of the National Health Service and Community Care Act 1990(1); or
(b)any right which becomes exercisable by or against the trust by virtue of such an order.
1990 c. 19. Orders under section 8 are not made by statutory instrument.
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