2001 No. 288
NATIONAL HEALTH SERVICE, ENGLAND

The Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) Order 2001

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred on him by sections 92(6) and 126(4) of the National Health Service Act 19771 and of all other powers enabling him in that behalf, it appearing to him that the functions of the Special Trustess for the Former United Birmingham Hospitals2 should be discharged by the trustees for the University Hospital Birmingham, the Birmingham Children’s Hospital, the Birmingham Women’s Healthcare, the Birmingham Specialist Community Health and the South Birmingham Mental Health National Health Service Trusts3 and having consulted the said Special Trustees and the trustees for the said National Health Service trusts, hereby makes the following Order:

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.

(2)

In this Order—

  • “the relevant new trustees” means—

    1. (a)

      in relation to the trust property specified in the relevant schedule as transferring to the trustees for the University Hospital Birmingham National Health Service Trust, those trustees;

    2. (b)

      in relation to the trust property specified in the relevant schedule as transferring to the trustees for the Birmingham Children’s Hospital National Health Service Trust, those trustees;

    3. (c)

      in relation to the trust property specified in the relevant schedule as transferring to the trustees for the Birmingham Women’s Healthcare National Health Service Trust, those trustees;

    4. (d)

      in relation to the trust property specified in the relevant schedule as transferring to the trustees for the Birmingham Specialist Community Health National Health Service Trust, those trustees;

    5. (e)

      in relation to the trust property specified in the relevant schedule as transferring to the trustees for the South Birmingham Mental Health National Health Service Trust, those trustees;

  • “the relevant Schedule” means the Schedule, relating to the transfer of trust property from the Special Trustees to the relevant new trustees under this order, prepared by, agreed upon by and signed on behalf of the Special Trustees and those relevant new trustees and dated 12th January 2001;

  • “the Special Trustees” means the Special Trustees for the Former United Birmingham Hospitals;

  • “the relevant trust property” means the trust property specified in the relevant schedule as transferring to the relevant new trustees.

Transfer of trust property2.

(1)

On 1st April 2001 the relevant trust property, and any rights and liabilities arising from that property4, shall be transferred from the Special Trustees to the relevant new trustees.

(2)

In any trust instrument relating to the relevant trust property, any reference to the name by which the trustees of the relevant trust property are to be known shall be construed as a reference to the relevant new trustees and any reference to the Special Trustees in the name by which the charitable trust governing the relevant trust property is to be known shall be construed as a reference to the National Health Service trust in relation to which the relevant new trustees are appointed.

Signed by authority of the Secretary of State for Health

John Denham
Minister of State,
Department of Health
(This note is not part of the Order)

This Order transfers to the trustees for the University Hospital Birmingham, the Birmingham Children’s Hospital, the Birmingham Women’s Healthcare, the Birmingham Specialist Community and the South Birmingham Mental Health National Health Service Trusts trust property held by the Special Trustees for the Former United Birmingham Hospitals and makes related provision. A copy of the schedules of trust property transferred under this Order can be obtained from the Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE.