Statutory Instruments
1996 No. 495

NATIONAL HEALTH SERVICE ENGLAND AND WALES
WALES
The Health Authorities (Wales) (Transfer of Trust Property) Order 1996

Made
29th February 1996

Laid before Parliament
5th March 1996

Coming into force
1st April 1996

The Secretary of State for Wales, in exercise of the powers conferred upon him by section 126(4) and (5) of the National Health Service Act 1977(1) and paragraph 4(1) of Schedule 2 to the Health Authorities Act 1995(2) and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Health Authorities (Wales) (Transfer of Trust Property) Order 1996 and shall come into force on 1st April 1996.

(2) In this Order—

“the 1995 Act” means the Health Authorities Act 1995;

“new authority” means a Health Authority in Wales established under the 1995 Act(3);

“old authority” means a District Health Authority in Wales which ceases to exist as a result of the 1995 Act.

Transfer of trust property from old to new authorities

2.  Trust property(4) held by an old authority named in column 1 of the following Table immediately before 1st April 1996 shall transfer on that date to the new authority specified opposite in column 2 except to the extent that any of that trust property comprises property of the type mentioned in paragraph 4(3) of Schedule 2 to the 1995 Act—

(1)
(2)

Old Authority
New Authority

Clwyd District Health Authority
North Wales Health Authority

Dyfed District Health Authority
Dyfed Powys Health Authority

Gwent District Health Authority
Gwent Health Authority

Gwynedd District Health Authority
North Wales Health Authority

Mid Glamorgan District Health Authority
Bro Taf Health Authority

Powys District Health Authority
Dyfed Powys Health Authority

South Glamorgan District Health Authority
Bro Taf Health Authority

West Glamorgan District Health Authority
Morgannwg Health Authority

William Hague
Secretary of State for Wales
29th February 1996

Explanatory Note

(This note is not part of the Order)
On 1st April 1996, as a result of the Health Authorities Act 1995, Welsh District Health Authorities will cease to exist. Health Authorities established under that Act will come into existence at the same time. This Order, subject to a limited exception, transfers trust property held by those old authorities to the new Welsh authorities.


(1)
1977 c. 49; section 126(4) is amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”). Section 126(5) is added by section 65(2) of the 1990 Act. Section 126(4) and (5) is applicable by virtue of section 6(6) of the 1995 Act.

(2)
1995 c. 17.

(3)
The new authorities come into existence on 1st April 1996, see S.I. 1996/146.

(4)
By virtue of paragraph 4(5) of Schedule 2 to the 1995 Act rights and liabilities arising from trust property are treated as being part of the trust property.