2008 No. 1721 (W.167)
THE NATIONAL HEALTH SERVICE, WALES

The North East Wales National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008

Made
Coming into force
The Welsh Ministers in exercise of powers conferred by section 203(9) and (10) and paragraph 29 of Schedule 3 to the National Health Service (Wales) Act 20061; after completion of statutory consultation as prescribed under paragraph 29(4) of that Act2, hereby make this Order.

Title, Commencement and Interpretation1.

(1)

The title of this Order is the North East Wales National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 July 2008.

(2)

In this Order, unless the context otherwise requires:

“the new trust” (“yr ymddiriedolaeth newydd”) means the North Wales National Health Service Trust established on 25 June 2008.

“the old trust” (“yr hen ymddiriedolaeth”) means North East Wales National Health Service Trust established on 4 January 1999

“the transfer date” (“y dyddiad trosglwyddo”) means the 1 July 2008;

Transfer of employees to the transferee2.

(1)

Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have their contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.

(2)

Without prejudice to paragraph (1) above —

(a)

all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;

(b)

anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.

(3)

Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by this article.

Transfer of property, rights and liabilities3.

On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, shall be transferred to the new trust, including without limitation—

(a)

the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;

(b)

the trust property of the old trust listed in Schedule 1;

(c)

the charities of the old trust listed in Schedule 2.

Transfer of functions of the old trust to the new trust4.

With effect from the transfer date, all the functions of the old trust are transferred to the new trust.

Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers

SCHEDULE 1

Article 3(b)

Property

Tenure

Title number where applicable

North East Wales National Health Service Trust

Maelor Hospital, Croesnewydd Road, Wrexham, LL13 7TD

Freehold

WA870737

CYM42719

CYM237895

CYM338301

CYM402467

ALAC, Croesnewydd Road, Wrexham, LL13 7TD

Leasehold

WA577800

Wrexham Medical Institute, Wrexham Technology Park, Croesnewydd Road, Wrexham, LL13 7TD

Leasehold

WA735281

Community Hospitals

Chirk Community Hospital, Off John’s Street, Chirk, LL14 5LN

Freehold

WA690433

Deeside Community Hospital, Plough Lane, Aston, Deeside, CH5 1XS

Freehold

WA665892

WA665897

WA665896

WA8800203

Flint Community Hospital, Cornist Road, Flint, CH6 5HG

Freehold

WA703713

Mold Community Hospital, Ash Grove, Mold, CH7 1XG

Freehold

WA690437

Holywell Community Hospital, Halkyn Road, Holywell, CH8 7TZ

Freehold

WA703333

Penley Rehab Hospital, Whitchurch Road, Penley, LL13 0LH

Freehold

CYM128343

Coed Celyn, and Swn Y Coed, Grove Road, Wrexham, LL11 1DY

Freehold

WA784910

Holywell Cottage Hospital, Pen-y-Maes, Holywell, CH8 7UH

Freehold

WA690436

Health Clinics/Centres

Cefn Mawr Clinic, Well Street, Cefn Mawr, Ruabon, LL14 3AE

Freehold

WA693355

Rhosllannerchrugog Health Centre, Beech Ave, Rhosllannerchrugog, LL14 1AA

Freehold

WA701596

Ruabon Clinic, High Street, Ruabon, LL14 6NH

Freehold

WA690464

Brymbo Health Centre, Offa Street, Brymbo, LL11 5AG

Freehold

WA690452

Bryn Teg Clinic, Darby Road, Southsea, Wrexham, LL11 6RN

Freehold

WA690453

Coedpoeth Clinic, Smithy Road, Coedpoeth, Wrexham, LL11 3NS

Freehold

WA704909

Gresford Health Clinic, Poplar Ave, Gresford, LL12 8EP

Freehold

WA690474

Grove Road Clinic, Wrexham, LL11 1DY

Freehold

WA784910

Llay Health Centre, School Lane, LL12 0TR

Freehold

WA703720

Prince Charles Road, Wrexham, Prince Charles Road, Caia Park, Wrexham, LL13 8TH

Freehold

WA690471

Rhostyllen Clinic, James Street, Rhostyllen, LL14 4AW

Freehold

WA690462

Rossett Clinic, The Green, Rossett, LL12 0EA

Freehold

WA610333

Broughton Clinic, Broughton Hall Rd, Broughton, CH4 0QQ

Freehold

WA703724

Buckley Health Centre, Padeswood Road, Buckley, CH7 2JL

Freehold

WA690473

WA765301

Caergwrle Clinic, Ty Cerrig, Caergwrle, LL12 9EY

Freehold

WA693356

Connahs Quay Clinic,Civic Centre, Wepre Drive, Connahs Quay, CH5 4HA

Freehold

CYM199578

Pen y Ffordd Clinic, Melwood Close, Penyffordd, CH4 0NB

Freehold

WA788256

Saltney Clinic, St David’s Terrace, Saltney Ferry, Nr Chester, CH4 0AF

Freehold

WA690467

Sealand Clinic, 8 Cedar Ave, Sealand, CH5 1SE

Freehold

WA690469

Catherine Gladstone House, Hawarden Way, Mancot, CH5 2EP

Freehold

WA693350

Flint Clinic, Borough Grove, Flint, CH6 7DR

Freehold

WA690454

Greenfield Clinic, School Lane, Greenfield, Holywell, CH8 7HR

Freehold

WA690456

Holywell Clinic, Park Lane, Holywell, CH8 7UR

Freehold

WA690458

Mold Clinic, King Street, Mold, CH7 1LB

Freehold

WA690460

Plas Madoc Clinic, 51/52 Bodlyn, Plas Madoc Estate, Acrefair, Wrexham LL14 3HE

Leasehold

Chirk Clinic, Station Avenue, Chirk, LL14 5LS

Leasehold

Glyn Ceiriog Clinic, New Road, Glyn Ceiriog, LL20 7HH

Leasehold

WA884305

Overton Health Centre, High Street, Overton, LL13 0ED

Leasehold

Hightown Wrexham Health Centre, Hightown, Wrexham, LL12 0TR

Leasehold

CYM26758

Ewloe Clinic, Woodside Close, Ewloe, CH5 3RP

Leasehold

WA559996

Leeswood Clinic, Queen Street, Leeswood CH7 4RG

Leasehold

CYM26748

Mynydd Isa Clinic, Mercia Drive, Mynydd Isa, CH7 6UH

Leasehold

CYM26760

Pen Y Maes Health Centre, Beech Street, Summerhill, LL11 4UF

Leasehold

Queensferry Clinic, Queensferry Campus, Chester Road, Queensferry, CH5 1SE

Leasehold

Mental Health Units

16—18 Grosvenor Road, Wrexham, LL11 1DU

Freehold

WA703732

WA708392

Deeside Counselling Centre, Rowleys Drive, Shotten, CH5 1PP

Freehold

WA690470

The Elms, Rhosddu Road, Wrexham, LL11 1BT

Freehold

WA783179

Ty Celyn Flint, Acorn Industrial Estate, Flint, CH6 5YN

Leasehold

Evolution Building, Ewloe, 1st Floor Suite, 1 Evolution, Lakeside Business Park, St David’s Park, Ewloe, CH5 3XP

Leasehold

C.D.S.7 Brighton Road, Rhyl, LL18 3EY

Leasehold

Land

Nightingale House Land, Chester Road, Wrexham, LL11 2SJ

Freehold

WA7884910

Plas Madoc Land, Park Road, Rhosymedre, Nr Wrexham

Freehold

WA593623

Other

Villa Romano, Grove Road, Wrexham LL11 1DY

Leasehold

HSDU, Unit A, Wrexham Technology Park, Croesnewydd Road, Wrexham, LL13 7TD

Leasehold

Clwydian House, Block B, Clwydian House, Wrexham Technology Park, Croesnewydd Road, Wrexham LL13 7TD

Leasehold

SCHEDULE 2

Article 3(c)

The North East Wales National Health Service Trust Charitable Fund (including all subsidiary charities) — Charity Number 1051063

(This note is not part of the Order)

This Order provides for the transfer of staff from North East Wales National Health Service Trust to the North Wales National Health Service Trust from the 1 July 2008.

This Order also provides for the transfer of all property, rights and liabilities of the North East Wales National Health Service Trust to be transferred to the North Wales National Health Service Trust on 1 July 2008.