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Health and Social Care Act 2012

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This is the original version (as it was originally enacted).

48New Special Health Authorities

This section has no associated Explanatory Notes

(1)After section 28 of the National Health Service Act 2006 (special health authorities) insert—

“28ASpecial Health Authorities: further provision

(1)This section applies in relation to an order under section 28 which is made after the coming into force of section 48 of the Health and Social Care Act 2012.

(2)The order must include—

(a)provision for the abolition of the Special Health Authority on a day specified in the order, and

(b)provision as to the transfer of officers, property and liabilities of the Authority on its abolition.

(3)The day specified in accordance with subsection (2)(a) must be within the period of 3 years beginning with the day on which the Special Health Authority is established.

(4)The power (by virtue of section 273(1)) to vary an order under section 28 includes power to vary the provision mentioned in subsection (2) by—

(a)providing for the abolition of the Special Health Authority on a day which is earlier or later than the day for the time being specified in the order;

(b)making different provision as to the matters mentioned in subsection (2)(b).

(5)If an order is varied to provide for the abolition of the Special Health Authority on a later day, that day must be within the period of 3 years beginning with the day on which the Special Health Authority would (but for the variation) have been abolished.”

(2)In section 272 of that Act (orders, regulations, rules and directions), in subsection (6), after paragraph (zb) insert—

“(zc)an order under section 28 which varies such an order as mentioned in section 28A(5),”.

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