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National Health Service (Residual Liabilities) Act 1996

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National Health Service (Residual Liabilities) Act 1996

1996 CHAPTER 15

An Act to make provision with respect to the transfer of liabilities of certain National Health Service bodies in the event of their ceasing to exist.

[22nd May 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1Transfer of residual liabilities: England and Wales

(1)If a National Health Service trust, a Health Authority or a Special Health Authority ceases to exist, the Secretary of State must exercise his statutory powers to transfer property, rights and liabilities of the body so as to secure that all of its liabilities are dealt with.

(2)For the purposes of subsection (1), a liability is dealt with by being transferred to—

(a)the Secretary of State;

(b)a National Health Service trust;

(c)a Health Authority; or

(d)a Special Health Authority.

2Transfer of residual liabilities: Scotland

(1)If a National Health Service trust, a Health Board or a Special Health Board ceases to exist, the Secretary of State must exercise his statutory powers to transfer property, rights and liabilities of the body so as to secure that all of its liabilities are dealt with.

(2)For the purposes of subsection (1), a liability is dealt with by being transferred to—

(a)the Secretary of State;

(b)a National Health Service trust;

(c)a Health Board;

(d)a Special Health Board; or

(e)the Common Services Agency for the Scottish Health Service.

3Provision for Northern Ireland

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of section 1—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4Short title and extent

(1)This Act may be cited as the National Health Service (Residual Liabilities) Act 1996.

(2)Section 1 extends only to England and Wales, section 2 extends only to Scotland and section 3 extends only to Northern Ireland.

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