The Digital Health and Care Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2021

Provision for continuity in the exercise of functions

7.—(1) Anything which immediately before the transfer date, has been done or is in the process of being done by or in relation to Velindre University NHS Trust in the exercise of, or in connection with NWIS’s functions, is on or after the transfer date to have effect as if done by or in relation to DHCW.

(2) So far as is required for giving effect to paragraph (1), a reference in any document to Velindre University NHS Trust is to be construed on and after the transfer date as a reference to DHCW.

(3) Subject to article 3(8), no right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of any transfer under or other operation of this Order.

(4) The transfers provided for by this Order are to be made—

(a) irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise),

(b) whether or not they would otherwise be capable of being transferred, and

(c) regardless of any provision (of whatever nature) which would otherwise prevent or restrict those transfers.