2002 No. 625
NATIONAL HEALTH SERVICE, ENGLAND

The Somerset Health Authority (Transfer of Trust Property) Order 2002

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred on him by sections 92(1) and (4) and 126(4) of the National Health Service Act 19771 and of all other powers enabling him in that behalf, having regard to changes in the area and functions of Somerset Health Authority and having consulted that Health Authority, the East Somerset National Health Service Trust, the Somerset Partnership National Health Service and Social Care Trust and the Taunton and Somerset National Health Service Trust in accordance with section 92(3) of that Act, hereby makes the following Order:

Citation, commencement and interpretation

1.

(1)

This Order may be cited as the Somerset Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.

(2)

In this Order—

“the old Trust” means the Somerset Health Authority2;
“the new Trusts” means the East Somerset National Health Service Trust3, the Somerset Partnership National Health Service and Social Care Trust4 and the Taunton and Somerset National Health Service Trust5;

“the trust property” means the property specified in the three schedules of trust property more specifically described in paragraphs (1) to (3) of article 2 of this Order.

Transfer of trust property

2.

(1)

On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the East Somerset National Health Service Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the East Somerset National Health Service Trust on 23rd November 2001, and any rights and liabilities arising from that property6, shall be transferred from the old Trust to the East Somerset National Health Service Trust.

(2)

On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Somerset Partnership National Health Service and Social Care Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the Somerset Partnership National Health Service and Social Care Trust on 23rd and 26th November 2001, and any rights and liabilities arising from that property7, shall be transferred from the old Trust to the Somerset Partnership National Health Service and Social Care Trust.

(3)

On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Taunton and Somerset National Health Service Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the Taunton and Somerset National Health Service Trust on 23rd November 2001, and any rights and liabilities arising from that property8, shall be transferred from the old Trust to the Taunton and Somerset National Health Service Trust.

3.

(1)

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 relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.

(2)

In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.

Signed by authority of the Secretary of State for Health

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

This Order transfers to the East Somerset National Health Service Trust, Somerset Partnership National Health Service and Social Care Trust, and Taunton and Somerset National Health Service Trust trust property held by the Somerset Health Authority and makes related provision. A copy of the schedules specifying the trust property transferred under this Order can be obtained from the Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE.