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1. (1) This order may be cited as the Health Professions Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2004 and comes into force on 1st April 2004.
(2) In this Order, unless the context otherwise requires —
“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;
“contents” (“cynnwys”) means any item or property of whatever description which is —
the property of the Assembly immediately prior to the transfer date; and
present in or on the land described in the Schedule hereto on the transfer date;
“HPW” (“PIC”) means Health Professions Wales(1);
“land” (“tir”) shall be construed in accordance with Schedule 1 to the Interpretation Act 1978(2), save that any reference to the transfer of land by virtue of this order shall be construed as including the transfer of any contractual licence for the use of land;
“records” (“cofnodion”) means any material in whatever form or medium which conveys or is capable of conveying information and which is structured by reference to—
individuals or to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible; or
any property, rights or liabilities of the Assembly, in such a way that specific information relating to particular property, rights or liabilities is readily accessible;
“relevant employee” (“cyflogai perthnasol”) means a person —
whose contract of employment with the Assembly has not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise): and
who has been offered and has accepted before the transfer date employment with HPW;
“the transfer date” (“y dyddiad trodglwyddo”) means 1st April 2004.
(3) Any provision in this order transferring property shall be construed, unless the context otherwise requires, as including a reference to the transfer of any rights and liabilities of the Assembly which exist in respect of such property immediately before the transfer date.
(4) Where property, rights or liabilities of the Assembly are transferred to HPW by virtue of this Order, anything done by or in relation to the Assembly in connection with such property, rights and liabilities shall be treated as if it had been done by or in relation to HPW.
2. With effect from the transfer date the land described in the Schedule hereto shall be transferred from the Assembly to HPW.
3. With effect from the transfer date the contents in or on the land specified in the Schedule hereto, and all other property, rights and liabilities and records relating thereto to which the Assembly is entitled or subject, at the coming into force of this Order, in connection with the exercise before that date of functions vested in HPW by virtue of the Health Professions Wales (Establishment, Membership, Constitution and Functions) Order 2004(3) shall be transferred from the Assembly to HPW.
4. (1) With effect from the transfer date, a contract of employment between a relevant employee and the Assembly shall be treated as if it had originally been made between the relevant employee and HPW.
(2) With effect from the transfer date, records relating to relevant employees shall be transferred from the Assembly to HPW.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4).
Presiding Officer of the National Assembly
2nd March 2004
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Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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