2008 No. 927 (W.90)

THE NATIONAL HEALTH SERVICE, WALES

The Bro Morgannwg 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 consultation as prescribed under paragraph 29(4) of Schedule 3 to that Act2, hereby make this Order.

Title, Commencement and Interpretation1

1

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

2

In this Order unless the context otherwise requires:

  • “new trust” (“ymddiriedolaeth newydd”) (means the Abertawe Bro Morgannwg University National Health Service Trust established on 12 March 2008;

  • “old trust” (“hen ymddiriedolaeth”) means Bro Morgannwg National Health Service Trust established on 4 January 1999;

  • “transfer date” (“dyddiad trosglwyddo”) means the 1 April 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 his or her contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.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 arises 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, are 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 the Schedule.

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 HartMinister for Health and Social Services, one of the Welsh Ministers

SCHEDULE

Article 3(b)

Property

Tenure (and title number where applicable)

Bro Morgannwg National Health Service Trust

Hospital

Cimla

Freehold (WA788547)

Glanrhyd (including Caswell Clinic)

Freehold (WA683580)

Maesgwyn

Freehold (WA723641)

Maesteg

Freehold (WA69691)

Neath Port Talbot

Freehold (WA634236)

Princess of Wales

Freehold (WA683500)

Tonna

Freehold (WA787072)

Health Centres

Blaengwynfi

Freehold (WA535702)

Briton Ferry

Freehold (WA788469)

Cowbridge

Freehold

Cymmer

Freehold (WA788542)

Glyncorrwg

Freehold (WA787088)

Llantwit Major

Freehold (WA767960)

Neath

Freehold (WA788533)

Port Talbot

Freehold (WA787096)

Clinics

Aberkenfig

Freehold (WA683571)

Baglan

Freehold (WA787058)

Bryncethin

Freehold (WA683576)

Bryntirion, Bridgend

Freehold (WA683609)

Caerau

Freehold (WA683614)

Cymmer, Croeserw

Freehold (WA788467)

Cwmafan

Freehold (WA788552)

Glynneath

Freehold (WA788540)

Gwaun Cae Gurwen

Freehold (WA902057)

Kenfig Hill

Freehold (CYM229523)

North Cornelly

Freehold (WA683624)

Ogmore Vale

Freehold (CYM16926)

Pencoed

Freehold (WA683602)

Pontycymmer

Freehold (WA683622)

Port Talbot

Freehold (WA788011)

Quarella Road, Bridgend

Freehold (CYM18893)

Resolven

Freehold (WA788558)

Skewen Cefn Park

Freehold (WA787103)

Ystalyfera

Freehold (WA788580)

Learning Disabilities

The Briary Bungalow, Ely, Cardiff

Freehold (WA887948)

Bryn Afon Bungalow, Ferndale

Freehold (WA142507)

Dan y Bont Bungalow, Kenfig Hill

Freehold (WA103201, WA950795 & WA944101)

Dan y Deri Bungalow, Morriston

Freehold (WA788490)

Hafod y Wennol Assessment Centre, Hensol

Freehold (CYM101833)

The Laurels Bungalow, Ely, Cardiff

Freehold (WA887948)

Letty Newydd Bungalow, Whitchurch

Freehold (CYM23543)

Llwyneryr Assessment Centre

Freehold (WA788490)

Meadow Court Bungalow, Tonyrefail

Freehold (WA336282 & CYM75532)

Rowan House Assessment Unit, Ely, Cardiff (and part of adjoining Park View Health Centre)

Leasehold

Swyn yr Afon Bungalow, Seven Sisters

Freehold (WA142507)

Ty Penfro Bungalow, Canton, Cardiff

Freehold (WA404686)

Ty Garth Newydd Bungalow, Church Village

Freehold (CYM66004)

Mental Health

Brackla House CMHT, Bridgend

Leasehold

Forge MHRC, Port Talbot

Freehold (WA536914)

Gelli Gron CMHT Base, Pontardawe

Leasehold

Porthcawl CMHT, 267 New Road, Porthcawl

Freehold (WA586819)

Miscellaneous

Units 22 & 23, Baglan Industrial Estate

Leasehold

Bevan House, Welsh Health Supplies, Llanishen

Leasehold

7a Boverton Road, Llantwit Major

Leasehold

Unit 81, Bowen Court, St Asaph

Leasehold

Central Sotres, Princess of Wales Hospital

Freehold (WA38604)

1 Commercial Street, Ogmore Vale

Leasehold

Unit 3, Cowbridge Court, Cardiff

Leasehold

Denbigh Stores, Clwyd

Freehold (CYM312486)

16/18 Derwen Road, Bridgend

Leasehold

Dulais Valley Primary Care Centre

Leasehold

10/11 Ffordd yr Hen Gae, Bocam Park, Pencoed

Leasehold

Glynteg House, Ely, Cardiff

Leasehold

Innovation House, Llanharan

Leasehold

Unit 16, Lambourne Crescent, Llanishen

Leasehold

North Road Stores, Bridgend Industrial Estate

Leasehold

Pontardawe Primary Care Centre

Leasehold

Quarella Road, Trust HQ Offices, Bridgend

Freehold (WA683598)

Sbectrwn Centre, Fairwater, Cardiff

Leasehold

45/47 South Road Porthcawl

Leasehold

Unit 2, Talbot Green Business Park

Leasehold

(This note is not part of the Order)

This Order provides for the transfer of staff from Bro Morgannwg National Health Service Trust to the Abertawe Bro Morgannwg University National Health Service Trust from the 1 April 2008.

This Order also provides for the transfer of all property, rights and liabilities of Bro Morgannwg National Health Service Trust to be transferred to the Abertawe Bro Morgannwg University National Health Service Trust on 1 April 2008.