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The Birmingham Children’s Hospital National Health Service Trust (Transfer of Trust Property) Order 2001

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Statutory Instruments

2001 No. 336

NATIONAL HEALTH SERVICE, ENGLAND

The Birmingham Children’s Hospital National Health Service Trust (Transfer of Trust Property) Order 2001

Made

7th February 2001

Coming into force

1st April 2001

The Secretary of State for Health, in exercise of the powers conferred on him by section 11(3) of the National Health Service and Community Care Act 1990(1) and section 126(4) of the National Health Service Act 1977(2) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.  (1)  This Order may be cited as the Birmingham Children’s Hospital National Health Service Trust (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.

In this Order—

“the new trustees” means the trustees for the Birmingham Children’s Hospital National Health Service Trust(3);

“the NHS trust” means the Birmingham Children’s Hospital National Health Service Trust;

“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the NHS trust and the new trustees on 12th January 2001.

Transfer of trust property

2.  (1)  On 1st April 2001 the trust property, and any rights and liabilities arising from that property(4), shall be transferred from the NHS trust 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.

Signed by authority of the Secretary of State for Health

John Denham

Minister of State,

Department of Health

7th February 2001

Explanatory Note

(This note is not part of the Order)

This Order transfers trust property from the Birmingham Children’s Hospital National Health Service Trust to the trustees established for that trust under section 11(1) of the National Health Service and Community Care Act 1990 and makes related provision. A copy of the schedule of trust property transferred under this Order can be obtained from the Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE.

(1)

1990 c. 19 (“the 1990 Act”).

(2)

1977 c. 49 (“The 1977 Act”); section 126(4) was amended by section 65(2) of the 1990 Act and by paragraph 37(6) of schedule 4 to the Health Act 1999 (c. 8). 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 Health Act 1999; this Order therefore extends only to England.

(3)

See S.I. 2000/212 as amended by S.I. 2000/3116.

(4)

See section 11(6) of the 1990 Act and section 96(1) of the 1977 Act as amended by paragraph 29 of Schedule 4 to the Health Act 1999.

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