2006 No. 2537
The Isle of Wight National Health Service Primary Care Trust (Establishment) and Isle of Wight Healthcare National Health Service Trust and Isle of Wight Primary Care Trust (Dissolution) Order 2006
Made
Coming into force
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 16A(1), (2) and (3) and section 126(3) and (4) of, and paragraph 1 of Schedule 5A to, the National Health Service Act 19771, and paragraph 29(1) of Schedule 2 to the National Health Service and Community Care Act 19902.
The Secretary of State for Health considers it appropriate in the interests of the health service to make this Order, having completed the consultation prescribed under section 16A(5) of the National Health Service Act 19773 and paragraph 29(3) of Schedule 2 to the National Health Service and Community Care Act 19904.
Citation, commencement and interpretation1
1
This Order may be cited as the Isle of Wight National Health Service Primary Care Trust (Establishment) and Isle of Wight Healthcare National Health Service Trust and Isle of Wight Primary Care Trust (Dissolution) Order 2006 and shall come into force on 1st October 2006.
2
In this Order—
“new PCT” means the Isle of Wight National Health Service Primary Care Trust established by article 2;
“old PCT” means the Isle of Wight Primary Care Trust established by the Isle of Wight Primary Care Trust (Establishment) Order 20025; and
“old trust” means the Isle of Wight Healthcare National Health Service Trust established by the Isle of Wight Healthcare National Health Service Trust (Establishment) Order 19966.
Establishment and operational date2
1
There is established a Primary Care Trust called the Isle of Wight National Health Service Primary Care Trust.
2
The operational date of the trust is 1st October 2006.
Area of new PCT3
The new PCT is established for the area specified in the Schedule.
Dissolution4
The old trust and the old PCT are dissolved.
Accounts5
Any duty imposed on the old trust or the old PCT by or under section 98 of the National Health Service Act 19777, but not performed by 1st October 2006, shall be performed by the new PCT.
Winding up of affairs6
The new PCT shall take such action as may be necessary for the winding up of the affairs of the old trust and the old PCT.
Provision for continuity in the exercise of functions7
1
Anything done before 1st October 2006 by or in relation to the old trust or the old PCT shall be treated on and after that date as if done by or in relation to the new PCT.
2
The reference in paragraph (1) to anything done by or in relation to the old trust or the old PCT includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to the old trust or the old PCT.
3
Any instrument made by the old trust or the old PCT continues in force in relation to the new PCT in accordance with its terms until it is varied or revoked by the new PCT.
4
Any form supplied by the old trust or the old PCT, or any form supplied by the Secretary of State in relation to the old trust or the old PCT, continues to be a valid form in relation to the new PCT until it is cancelled or withdrawn by the Secretary of State or the new PCT, as if any reference contained in that form to the old trust or the old PCT were a reference to the new PCT.
5
So far as is necessary or appropriate, a reference in an agreement or other instrument to the old trust or the old PCT shall be treated on and after 1st October 2006 as a reference to the new PCT.
Revocations8
The Isle of Wight Healthcare National Health Service Trust (Establishment) Order 1996 and the Isle of Wight Primary Care Trust (Establishment) Order 2002 are revoked.
Signed by authority of the Secretary of State for Health
SCHEDULEArea of Trust
The county of Isle of Wight.
(This note is not part of the Order)