The Welsh Health Common Services Authority (Abolition) Order 1999

Transfer of property, rights and liabilities

3.—(1) Subject to paragraph 2 of this article and article 4 of this Order–

(a)All land held by the Authority immediately before the material date, and all rights and liabilities acquired or incurred by the Authority in relation to such land, shall be transferred to the Secretary of State.

(b)Where by virtue of this paragraph any hereditament comprising land is transferred from the Authority to the Secretary of State any property in or on the land immediately before the material date including any movable property, and all rights and liabilities acquired or incurred by the Authority in relation to such property, shall be transferred to the Secretary of State.

(c)All property which is held by the Authority immediately before the material date, and all rights and liabilities acquired or incurred by the Authority in relation to such property, which does not transfer by virtue of any other provision of this paragraph shall transfer to the Secretary of State.

(d)All rights and liabilities acquired or incurred by the Authority that do not transfer by virtue of any other provision of this paragraph shall be transferred to the Secretary of State.

(e)All NHS contracts entered into by the Authority shall have effect as if entered into by the Secretary of State.

(2) Paragraph 1 of this article does not apply in relation to–

(a)any land or other property transferred by virtue of paragraph 3 of this Article;

(b)any right or liability which is enforceable by or against any person by virtue of paragraph 3 of this Article; and

(c)any NHS contract given effect by virtue of paragraph 3 of this Article.

(3) (a) Any land held by the Authority immediately before the material date that is used solely for the purposes of a specialised unit of the Authority named in column (1) of Schedule 1, and all rights and liabilities acquired or incurred by the Authority in relation to such land, shall be transferred to the person specified opposite that unit in column (2) of Schedule 1.

(b)Where by virtue of this paragraph any hereditament comprising land is transferred from the Authority to a person specified in column (2) of Schedule 1 any property in or on the land immediately before the material date, including any moveable property, and all rights and liabilities acquired or incurred by the Authority in relation to such property, shall be transferred to that person.

(c)Any property which is held by the Authority immediately before the material date that is used solely for the purposes of a specialised unit of the Authority named in column (1) of Schedule 1 that does not transfer by virtue of any other provision of this paragraph, and all rights and liabilities acquired or incurred by the Authority in relation to such property, shall be transferred to the person specified opposite that unit in column (2) of Schedule 1.

(d)Any rights and liabilities acquired or incurred by the Authority solely in relation to a specialised unit of the Authority named in column 1 of Schedule 1 that do not transfer by virtue of any other provision of this paragraph shall transfer to the person specified opposite that unit in column 2 of Schedule 1.

(e)Any NHS contract entered into by the Authority solely in relation to a specialised unit of the Authority named in column 1 of Schedule 1 shall have effect as if entered into by the person specified opposite that unit in column 2 of Schedule 1.

(f)Nothing in this paragraph shall have effect so as to transfer any rights and liabilities of the Authority arising out of contracts that were entered into before 1st April 1996 in relation to construction projects.

(4) This article applies to a liability imposed by or under any statutory provision as it applies to a liability which is undertaken voluntarily.