1996 No. 490
NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Special Hospitals Service Authority (Abolition) Order 1996

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of powers conferred on him by sections 11 and 126(3) and (4) of the National Health Service Act 19771 and of all other powers enabling him in that behalf after consulting, in accordance with section 11 of that Act, such bodies as he recognises as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the Order, hereby makes the following Order:—

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Special Hospitals Service Authority (Abolition) Order 1996 and shall come into force on 1st April 1996.

(2)

In this Order unless the context otherwise requires—

“the 1996 Order” means the Authorities for Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 19962;

“the Act” means the National Health Service Act 1977;

“the old Authority” means the Special Hospitals Service Authority established by the Special Hospitals Service Authority (Establishment and Constitution) Order 19893;

“the Broadmoor Hospital Authority” means the special health authority of that name established by the 1996 Order;

“the special hospitals” means the Ashworth, Broadmoor and Rampton special hospitals4.

Revocation of Orders and abolition of old Authority2.

The Special Hospitals Service Authority (Establishment and Constitution) Order 1989 and the Special Hospitals Service Authority (Establishment and Constitution) Amendment Order 19905 are hereby revoked and the old Authority is abolished.

Enforceability of rights and liabilities3.

Any right which was enforceable by or against the old Authority shall be enforceable—

(a)

where that right related solely to one of the special hospitals, by or against the special health authority established by the 1996 Order to manage that special hospital;

(b)

where that right did not relate solely to one of the special hospitals, by or against the Broadmoor Hospital Authority.

Accounts of the old Authority4.

Any duty imposed on the old Authority by section 98 of the Act6 but not performed by the date on which this Order comes into force, shall be performed by the Broadmoor Hospital Authority in accordance with the provisions of that section and of any directions which may be given to it by the Secretary of State.

Signed by authority of the Secretary of State for Health

John Bowis
Parliamentary Under Secretary of State,
Department of Health
(This note is not part of the Regulations)

This Order revokes the Special Hospitals Service Authority (Establishment and Constitution) Order 1989 and abolishes the Special Hospitals Service Authority established under that Order. It makes supplemental provision relating to the winding up of the affairs of the old Authority and the transfer of rights and liabilities.