The Sheffield Health Authority (Transfers of Trust Property) Order 2000

Statutory Instruments

2000 No. 609

NATIONAL HEALTH SERVICE, ENGLAND

The Sheffield Health Authority (Transfers of Trust Property) Order 2000

Made

9th March 2000

Laid before Parliament

10th March 2000

Coming into force

1st April 2000

The Secretary of State for Health, in exercise of the powers conferred on him by sections 92(1) and 126(4) of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, having regard to changes in the administration of hospitals, establishments and facilities managed by the Central Sheffield University Hospitals, the Community Health Sheffield, the Northern General Hospital and the Sheffield Children’s Hospital National Health Service Trusts and having consulted the Sheffield Health Authority and the trustees for the said National Health Service trusts(2), hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Sheffield Health Authority (Transfers of Trust Property) Order 2000 and shall come into force on 1st April 2000.

(2) In this Order–

“the Authority” means the Sheffield Health Authority;

“the new trustees” means–

(a)

in relation to the trust property specified in the schedule of trust property, dated 8th March 2000, prepared by, agreed upon by and signed on behalf of the Authority and the trustees for the Central Sheffield University Hospitals National Health Service Trust, the trustees for that trust,

(b)

in relation to the trust property specified in the schedule of trust property, dated 8th March 2000, prepared by, agreed upon by and signed on behalf of the Authority and the trustees for the Community Health Sheffield National Health Service Trust, the trustees for that trust,

(c)

in relation to the trust property specified in the schedule of trust property, dated 8th March 2000, prepared by, agreed upon by and signed on behalf of the Authority and the trustees for the Northern General Hospital National Health Service Trust, the trustees for that trust,

(d)

in relation to the trust property specified in the schedule of trust property, dated 8th March 2000, prepared by, agreed upon by and signed on behalf of the Authority and the trustees for the Sheffield Children’s Hospital National Health Service Trust, the trustees for that trust;

“the trust property” means–

(a)

in relation to the trustees for the Central Sheffield University Hospitals National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Authority and those trustees,

(b)

in relation to the trustees for the Community Health Sheffield National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Authority and those trustees,

(c)

in relation to the trustees for the Northern General Hospital National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Authority and those trustees,

(d)

in relation to the trustees for the Sheffield Children’s Hospital National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Authority and those trustees.

Transfer of trust property

2.—(1) On 1st April 2000 the trust property, and any rights and liabilities arising from that property(3), shall be transferred from the Authority to the new trustees.

(2) In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Authority in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the National Health Service Trust for which the new trustees are appointed.

Signed by Authority of the Secretary of State for Health.

John Denham

Minister of State,

Department of Health

9th March 2000

(1)

1977 c. 49 (“the 1977 Act”); section 92 was amended by section 11(5) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), by paragraph 44 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and by paragraph 28 of Schedule 4 to the Health Act 1999 (c. 8) (“the 1999 Act”); section 126(4) was amended by section 65(2) of the 1990 Act and by paragraph 37(6) of Schedule 4 to the 1999 Act. As regards Wales, the functions of the Secretary of State under the above mentioned powers are transferred to the National Assembly for Wales under article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 S.I. 1999/672 as amended by section 66(5) of the 1999 Act; this Order therefore only extends to England.

(2)

See section 11 of the 1990 Act and S.I.2000/212.

(3)

See section 96(1) of the 1977 Act as amended by paragraph 29 of Schedule 4 to the 1999 Act.