This Statutory Instrument has been made in consequence of a defect in S.I. 2001/288 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2001 No. 792

NATIONAL HEALTH SERVICE, ENGLAND

The Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) No 2 Order 2001

Made

7th March 2001

Laid before Parliament

8th March 2001

Coming into force

1st April 2001

The Secretary of State for Health, in exercise of the powers conferred on him by sections 92(6) and 126(4) of the National Health Service Act 1977( 1 ) and of all other powers enabling him in that behalf, it appearing to him that the functions of the Special Trustees for the Former United Birmingham Hospitals( 2 ) should be discharged by the trustees for the University Hospital Birmingham National Health Service Trust, the trustees for the Birmingham Children’s Hospital National Health Service Trust( 3 ), the Birmingham Women’s Healthcare National Health Service Trust, the Birmingham Specialist Community Health National Health Service Trust and the South Birmingham Mental Health National Health Service Trust and having consulted the said Special Trustees and the trustees for the said National Health Service trusts and the said National Health Service trusts, hereby makes the following Order:

Citation, commencement and interpretation

1. —(1) This Order may be cited as the Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) No 2 Order 2001 and shall come into force on 1st April 2001.

(2) In this Order—

“the relevant new trustees” means—

(a)

in relation to the trust property specified in the relevant schedule as transferring to the trustees for the University Hospital Birmingham National Health Service Trust, those trustees;

(b)

in relation to the trust property specified in the relevant schedule as transferring to the trustees for the Birmingham Children’s Hospital National Health Service Trust, those trustees;

(c)

in relation to the trust property specified in the relevant schedule as transferring to the Birmingham Women’s Healthcare National Health Service Trust, that trust;

(d)

in relation to the trust property specified in the relevant schedule as transferring to the Birmingham Specialist Community Health National Health Service Trust, that trust;

(e)

in relation to the trust property specified in the relevant schedule as transferring to the South Birmingham Mental Health National Health Service Trust, that trust;
“the relevant Schedule” means the Schedule, relating to the transfer of trust property from the Special Trustees to the relevant new trustees under this order, prepared by, agreed upon by and signed on behalf of the Special Trustees and those relevant new trustees and dated 12th January 2001;
“the Special Trustees” means the Special Trustees for the Former United Birmingham Hospitals;
“the relevant trust property” means the trust property specified in the relevant schedule as transferring to the relevant new trustees.

Transfer of trust property

2. —(1) On 1st April 2001 the relevant trust property, and any rights and liabilities arising from that property( 4 ), shall be transferred from the Special Trustees to the relevant new trustees.

(2) In any trust instrument relating to the relevant trust property, any reference to the name by which the trustees of the relevant trust property are to be known shall be construed as a reference to the relevant new trustees.

Signed by authority of the Secretary of State for Health

John Denham

Minister of State,

Department of Health

7th March 2001

( 1 )

1977 c. 49 (“the 1977 Act”), section 92 was amended by section 11(5) of the National Health Services and Community Care Act 1990 (c. 19) (“the 1990 Act”) by paragraph 44 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and by paragraph 28 of Schedule 4 to the Health Act 1999 (c. 8) (“the 1999 Act”); section 126(4) was amended by section 65(2) of the 1990 Act and by paragraph 37(6) of Schedule 4 to the 1999 Act. As regards Wales, the functions of the Secretary of State under the above mentioned powers are transferred to the National Assembly for Wales under article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 S.I. 1999/672 as amended by section 66(5) of the 1999 Act; this Order therefore only extends to England.

( 2 )

See section 95 of the National Health Service Act 1977.

( 3 )

See section 11 of the 1990 Act and S.I. 2000/212 as amended by S.I. 2000/3116 .

( 4 )

See section 96(1) of the 1977 Act as amended by paragraph 29 of Schedule 4 to the 1999 Act.

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
the relevant new trustees	art. 1.	def_4a486dc4c1
the relevant Schedule	art. 1.	def_b33145d060
the relevant trust property	art. 1.	def_e9f7eedf9c
the Special Trustees	art. 1.	def_f7fe8a1c04

2001 No. 792

The Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) No 2 Order 2001

Citation, commencement and interpretation

Transfer of trust property

Status of changes to instrument text